[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: 18CFR292.203]

[Page 767]
 
           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 B_Qualifying Cogeneration and Small Power Production Facilities
 
Sec. 292.203  General requirements for qualification.

    (a) Small power production facilities. Except as provided in 
paragraph (c) of this section, a small power production facility is a 
qualifying facility if it:
    (1) Meets the maximum size criteria specified in Sec. 292.204(a);
    (2) Meets the fuel use criteria specified in Sec. 292.204(b); and
    (3) Meets the ownership criteria specified in Sec. 292.206.
    (b) Cogeneration facilities. A cogeneration facility, including any 
diesel and dual-fuel cogeneration facility, is a qualifying facility if 
it:
    (1) Meets any applicable operating and efficiency standards 
specified in Sec. 292.205 (a) and (b); and
    (2) Meets the ownership criteria specified in Sec. 292.206.
    (c) Hydroelectric small power production facilities located at a new 
dam or diversion. (1) A hydroelectric small power production facility 
that impounds or diverts the water of a natural watercourse by means of 
a new dam or diversion (as that term is defined in Sec. 292.202(p)) is 
a qualifying facility if it meets the requirements of:
    (i) Paragraph (a) of this section; and
    (ii) Section 292.208.
    (2) [Reserved]

[45 FR 17972, Mar. 20, 1980, as amended by Order 70-E, 46 FR 33027, June 
26, 1981; 52 FR 5280, Feb. 20, 1987; 52 FR 9161, Mar. 23, 1987; Order 
478, 52 FR 28467, July 30, 1987; Order 499, 53 FR 27002, July 18, 1988; 
Order 541, 57 FR 21734, May 22, 1992]