FERC-556, Certification of Qualifying Facility (QF) Status for a Small Power Production or Cogeneration Facility

NOTE: When the Notice of Proposed Rulemaking (NOPR) and corresponding information collection request were submitted to OMB for Docket Nos. RM19-15 and AD16-16 (RIN1902-AF67), OMB review was pending for the regular renewal of the existing FERC Form No. 556. Only one item per OMB Control No. can be pending OMB review at a time. Therefore, we had to use a temporary (placeholder) information collection number (FERC-556A, OMB Control No. 1902-0316; ICR 201904-1902-001) in order to submit the NOPR to OMB on a timely basis. Due to ROCIS requirements (and to avoid an incorrect requirement for metadata showing an emergency request), the information for the NOPR and Final Rule are entered into the ROCIS metadata fields for the 60- and 30-day notices here.It also is required to indicate it's not related to a rulemaking but is in fact a Final Rule. RM19-15 & AD16-16. FERC issues its final rule approving certain revisions to its regulations (PURPA Regulations) implementing sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA). On September 19, 2019, the Commission issued a notice of proposed rulemaking (NOPR) proposing to modify its PURPA Regulations. Those regulations were promulgated in 1980 and have been modified in only specific respects since then. Approximately 130 separate comments were submitted in response to the NOPR, several of which were submitted on behalf of multiple parties. In total, over 1,600 pages of comments were submitted, and in addition thousands of pages of exhibits were attached to the comments. In this Order, FERC is updating its PURPA regulations. FERC also issued a rehearing Order (Order 872-A) in RM19-15-001 and AD16-16-001 that is addressed here and in the updated supporting statement. FERC-556 in general. The data required under 18 CFR Section 131.80 and 18 CFR Part 292 are used by the Commission to determine whether a proposed certification for QF status meets the criteria for a qualifying small power production facility or a qualifying cogeneration facility under its regulations and is eligible to receive the benefits available to it under PURPA. In order to obtain QF status and obtain PURPA benefits, an owner or operator of a small power production or cogeneration facility must follow the process indicated in FERC Form 556 and select, at its option, either the procedure set forth in 18 CFR Section 292.207(a), which requires the submission to FERC of a self-certification or self-recertification, or the procedure set forth in 18 CFR Section 292.207(b), which requires the submission to FERC of an application for Commission certification or recertification. The information requirements for these two processes are largely the same (i.e., the submittal of a completed FERC Form 556 provides the information necessary to demonstrate compliance with FERC’s regulations). If FERC did not collect the FERC Form 556 information, there would be no basis for the Commission to determine whether a facility satisfies the requirements of QF status. Since revocation of the qualifying status of a small power production or cogeneration facility may occur if the facility fails to comply with any of the 18 CFR Part 292 criteria, private financial lenders to small power production and cogeneration power facilities occasionally require small power producers and cogenerators to follow 18 CFR Section 292.207(b) procedures (certification by FERC as opposed to self-certification) in order to reduce the risk of status revocation.

The latest form for FERC-556, Certification of Qualifying Facility (QF) Status for a Small Power Production or Cogeneration Facility expires 2022-11-30 and can be found here.