[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: 18CFR292.305]

[Page 742]
 
           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 C--Arrangements Between Electric Utilities and Qualifying 
Cogeneration and Small Power Production Facilities Under Section 210 of 
           the Public Utility Regulatory Policies Act of 1978
 
Sec. 292.305  Rates for sales.

    (a) General rules. (1) Rates for sales:
    (i) Shall be just and reasonable and in the public interest; and
    (ii) Shall not discriminate against any qualifying facility in 
comparison to rates for sales to other customers served by the electric 
utility.
    (2) Rates for sales which are based on accurate data and consistent 
systemwide costing principles shall not be considered to discriminate 
against any qualifying facility to the extent that such rates apply to 
the utility's other customers with similar load or other cost-related 
characteristics.
    (b) Additional services to be provided to qualifying facilities. (1) 
Upon request of a qualifying facility, each electric utility shall 
provide:
    (i) Supplementary power;
    (ii) Back-up power;
    (iii) Maintenance power; and
    (iv) Interruptible power.
    (2) The State regulatory authority (with respect to any electric 
utility over which it has ratemaking authority) and the Commission (with 
respect to any nonregulated electric utility) may waive any requirement 
of paragraph (b)(1) of this section if, after notice in the area served 
by the electric utility and after opportunity for public comment, the 
electric utility demonstrates and the State regulatory authority or the 
Commission, as the case may be, finds that compliance with such 
requirement will:
    (i) Impair the electric utility's ability to render adequate service 
to its customers; or
    (ii) Place an undue burden on the electric utility.
    (c) Rates for sales of back-up and maintenance power. The rate for 
sales of back-up power or maintenance power:
    (1) Shall not be based upon an assumption (unless supported by 
factual data) that forced outages or other reductions in electric output 
by all qualifying facilities on an electric utility's system will occur 
simultaneously, or during the system peak, or both; and
    (2) Shall take into account the extent to which scheduled outages of 
the qualifying facilities can be usefully coordinated with scheduled 
outages of the utility's facilities.