[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR292.204]

[Page 730-731]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 292--REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION--Table of Contents
 
Subpart B--Qualifying Cogeneration and Small Power Production Facilities
 
Sec. 292.204  Criteria for qualifying small power production facilities.

    (a) Size of the facility--(1) Maximum size. There is no size 
limitation for an eligible solar, wind, waste or facility, as defined by 
section 3(17)(E) of the Federal Power Act. For a non-eligible facility, 
the power production capacity for which qualification is sought, 
together with the power production capacity of any other non-eligible 
small power production facilities that use the same energy resource, are 
owned by the same person(s) or its affiliates, and are located at the 
same site, may not exceed 80 megawatts.
    (2) Method of calculation. (i) For purposes of this paragraph, 
facilities are considered to be located at the same site as the facility 
for which qualification is sought if they are located within one mile of 
the facility for which qualification is sought and, for hydroelectric 
facilities, if they use water from the same impoundment for power 
generation.
    (ii) For purposes of making the determination in clause (i), the 
distance between facilities shall be measured from the electrical 
generating equipment of a facility.
    (3) Waiver. The Commission may modify the application of paragraph 
(a)(2) of this section, for good cause.
    (b) Fuel use. (1)(i) The primary energy source of the facility must 
be biomass, waste, renewable resources, geothermal resources, or any 
combination thereof, and 75 percent or more of the total energy input 
must be from these sources.
    (ii) Any primary energy source which, on the basis of its energy 
content, is 50 percent or more biomass shall be considered biomass.
    (2) Use of oil, natural gas and coal by a facility, under section 
3(17)(B) of the Federal Power Act, is limited to the minimum amounts of 
fuel required for ignition, startup, testing, flame stabilization, and 
control uses, and the minimum amounts of fuel required to alleviate or 
prevent unanticipated equipment outages, and emergencies, directly 
affecting the public health, safety, or welfare, which would result from 
electric power outages. Such fuel use may not, in the aggregate, exceed 
25 percent of the total energy input of the facility during the 12-month 
period

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beginning with the date the facility first produces electric energy and 
any calendar year subsequent to the year in which the facility first 
produces electric energy.

(Energy Security Act, Pub. L. 96-294, 94 Stat. 611 (1980) Public Utility 
Regulatory Policies Act of 1978, 16 U.S.C. 2601, et seq., Energy Supply 
and Environmental Coordination Act, 15, U.S.C. 791, et seq., Federal 
Power Act, as amended, 16 U.S.C. 792 et seq., Department of Energy 
Organization Act, 42 U.S.C. 7101, et seq.; E.O. 12009, 42 FR 46267)

[45 FR 17972, Mar. 20, 1980, as amended by Order 135, 46 FR 19231, Mar. 
30, 1981; Order 575, 60 FR 4857, Jan. 25, 1995]