[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: 18CFR292.302]

[Page 775-776]
 
           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 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. 292.302  Availability of electric utility system cost data.

    (a) Applicability. (1) Except as provided in paragraph (a)(2) of 
this section, paragraph (b) applies to each electric utility, in any 
calendar year, if the total sales of electric energy by such utility for 
purposes other than resale exceeded 500 million kilowatt-hours during 
any calendar year beginning after December 31, 1975, and before the 
immediately preceding calendar year.
    (2) Each utility having total sales of electric energy for purposes 
other than resale of less than one billion kilowatt-hours during any 
calendar year beginning after December 31, 1975, and before the 
immediately preceding year, shall

[[Page 776]]

not be subject to the provisions of this section until June 30, 1982.
    (b) General rule. To make available data from which avoided costs 
may be derived, not later than November 1, 1980, June 30, 1982, and not 
less often than every two years thereafter, each regulated electric 
utility described in paragraph (a) of this section shall provide to its 
State regulatory authority, and shall maintain for public inspection, 
and each nonregulated electric utility described in paragraph (a) of 
this section shall maintain for public inspection, the following data:
    (1) The estimated avoided cost on the electric utility's system, 
solely with respect to the energy component, for various levels of 
purchases from qualifying facilities. Such levels of purchases shall be 
stated in blocks of not more than 100 megawatts for systems with peak 
demand of 1000 megawatts or more, and in blocks equivalent to not more 
than 10 percent of the system peak demand for systems of less than 1000 
megawatts. The avoided costs shall be stated on a cents per kilowatt-
hour basis, during daily and seasonal peak and off-peak periods, by 
year, for the current calendar year and each of the next 5 years;
    (2) The electric utility's plan for the addition of capacity by 
amount and type, for purchases of firm energy and capacity, and for 
capacity retirements for each year during the succeeding 10 years; and
    (3) The estimated capacity costs at completion of the planned 
capacity additions and planned capacity firm purchases, on the basis of 
dollars per kilowatt, and the associated energy costs of each unit, 
expressed in cents per kilowatt hour. These costs shall be expressed in 
terms of individual generating units and of individual planned firm 
purchases.
    (c) Special rule for small electric utilities. (1) Each electric 
utility (other than any electric utility to which paragraph (b) of this 
section applies) shall, upon request:
    (i) Provide comparable data to that required under paragraph (b) of 
this section to enable qualifying facilities to estimate the electric 
utility's avoided costs for periods described in paragraph (b) of this 
section; or
    (ii) With regard to an electric utility which is legally obligated 
to obtain all its requirements for electric energy and capacity from 
another electric utility, provide the data of its supplying utility and 
the rates at which it currently purchases such energy and capacity.
    (2) If any such electric utility fails to provide such information 
on request, the qualifying facility may apply to the State regulatory 
authority (which has ratemaking authority over the electric utility) or 
the Commission for an order requiring that the information be provided.
    (d) Substitution of alternative method. (1) After public notice in 
the area served by the electric utility, and after opportunity for 
public comment, any State regulatory authority may require (with respect 
to any electric utility over which it has ratemaking authority), or any 
non-regulated electric utility may provide, data different than those 
which are otherwise required by this section if it determines that 
avoided costs can be derived from such data.
    (2) Any State regulatory authority (with respect to any electric 
utility over which it has ratemaking authority) or nonregulated utility 
which requires such different data shall notify the Commission within 30 
days of making such determination.
    (e) State Review. (1) Any data submitted by an electric utility 
under this section shall be subject to review by the State regulatory 
authority which has ratemaking authority over such electric utility.
    (2) In any such review, the electric utility has the burden of 
coming forward with justification for its data.

[45 FR 12234, Feb. 25, 1980; 45 FR 24126, Apr. 9, 1980]