[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR292.101] [Page 763-764] 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 Subpart A_General Provisions Sec. 292.101 Definitions. REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION--Table of Contents Subpart A_General Provisions Sec. 292.101 Definitions. Subpart B_Qualifying Cogeneration and Small Power Production Facilities 292.201 Scope. 292.202 Definitions. 292.203 General requirements for qualification. 292.204 Criteria for qualifying small power production facilities. 292.205 Criteria for qualifying cogeneration facilities. 292.206 Ownership criteria. 292.207 Procedures for obtaining qualifying status. 292.208 Special requirements for hydroelectric small power production facilities located at a new dam or diversion. 292.209 Exceptions from requirements for hydroelectric small power production facilities located at a new dam or diversion. 292.210 Petition alleging commitment of substantial monetary resources before October 16, 1986. 292.211 Petition for initial determination on whether a project has a substantial adverse effect on the environment (AEE petition). 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 292.301 Scope. 292.302 Availability of electric utility system cost data. 292.303 Electric utility obligations under this subpart. 292.304 Rates for purchases. 292.305 Rates for sales. 292.306 Interconnection costs. 292.307 System emergencies. 292.308 Standards for operating reliability. Subpart D_Implementation 292.401 Implementation of certain reporting requirements. 292.402 Waivers. Subpart E [Reserved] Subpart F_Exemption of Qualifying Small Power Production Facilities and Cogeneration Facilities from Certain Federal and State Laws and Regulations 292.601 Exemption to qualifying facilities from the Federal Power Act. 292.602 Exemption to qualifying facilities from the Public Utility Holding Company Act and certain State law and regulation. Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352. (a) General rule. Terms defined in the Public Utility Regulatory Policies Act of 1978 (PURPA) shall have the same meaning for purposes of this part as they have under PURPA, unless further defined in this part. (b) Definitions. The following definitions apply for purposes of this part. (1) Qualifying facility means a cogeneration facility or a small power production facility that is a qualifying facility under Subpart B of this part. [[Page 764]] (i) A qualifying facility may include transmission lines and other equipment used for interconnection purposes (including transformers and switchyard equipment), if: (A) Such lines and equipment are used to supply power output to directly and indirectly interconnected electric utilities, and to end users, including thermal hosts, in accordance with state law; or (B) Such lines and equipment are used to transmit supplementary, standby, maintenance and backup power to the qualifying facility, including its thermal host meeting the criteria set forth in Union Carbide Corporation, 48 FERC ] 61,130, reh'g denied, 49 FERC ] 61,209 (1989), aff'd sub nom., Gulf States Utilities Company v. FERC, 922 F.2d 873 (D.C. Cir. 1991); or (C) If such lines and equipment are used to transmit power from other qualifying facilities or to transmit standby, maintenance, supplementary and backup power to other qualifying facilities. (ii) The construction and ownership of such lines and equipment shall be subject to any applicable Federal, state, and local siting and environmental requirements. (2) Purchase means the purchase of electric energy or capacity or both from a qualifying facility by an electric utility. (3) Sale means the sale of electric energy or capacity or both by an electric utility to a qualifying facility. (4) System emergency means a condition on a utility's system which is likely to result in imminent significant disruption of service to customers or is imminently likely to endanger life or property. (5) Rate means any price, rate, charge, or classification made, demanded, observed or received with respect to the sale or purchase of electric energy or capacity, or any rule, regulation, or practice respecting any such rate, charge, or classification, and any contract pertaining to the sale or purchase of electric energy or capacity. (6) Avoided costs means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would generate itself or purchase from another source. (7) Interconnection costs means the reasonable costs of connection, switching, metering, transmission, distribution, safety provisions and administrative costs incurred by the electric utility directly related to the installation and maintenance of the physical facilities necessary to permit interconnected operations with a qualifying facility, to the extent such costs are in excess of the corresponding costs which the electric utility would have incurred if it had not engaged in interconnected operations, but instead generated an equivalent amount of electric energy itself or purchased an equivalent amount of electric energy or capacity from other sources. Interconnection costs do not include any costs included in the calculation of avoided costs. (8) Supplementary power means electric energy or capacity supplied by an electric utility, regularly used by a qualifying facility in addition to that which the facility generates itself. (9) Back-up power means electric energy or capacity supplied by an electric utility to replace energy ordinarily generated by a facility's own generation equipment during an unscheduled outage of the facility. (10) Interruptible power means electric energy or capacity supplied by an electric utility subject to interruption by the electric utility under specified conditions. (11) Maintenance power means electric energy or capacity supplied by an electric utility during scheduled outages of the qualifying facility. (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, 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 12233, Feb. 25, 1980, as amended by Order 575, 60 FR 4856, Jan. 25, 1995]