[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: 18CFR292.602]

[Page 780-781]
 
           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 F_Exemption of Qualifying Small Power Production Facilities and 
    Cogeneration Facilities from Certain Federal and State Laws and 
                               Regulations
 
Sec. 292.602  Exemption to qualifying facilities from the Public Utility 
Holding Company Act and certain State law and regulation.

    (a) Applicability. This section applies to any qualifying facility 
described in Sec. 292.601(a), and to any qualifying small power 
production facility with a power production capacity over 30 megawatts 
if such facility produces electric energy solely by the use of biomass 
as a primary energy source.
    (b) Exemption from the Public Utility Holding Company Act of 1935. A 
qualifying facility described in paragraph

[[Page 781]]

(a) of this section or a utility geothermal small power production 
facility shall not be considered to be an ``electric utility company'' 
as defined in section 2(a)(3) of the Public Utility Holding Company Act 
of 1935, 15 U.S.C. 79b(a)(3).
    (c) Exemption from certain State law and regulation. (1) Any 
qualifying facility shall be exempted (except as provided in paragraph 
(c)(2)) of this section from State law or regulation respecting:
    (i) The rates of electric utilities; and
    (ii) The financial and organizational regulation of electric 
utilities.
    (2) A qualifying facility may not be exempted from State law and 
regulation implementing subpart C.
    (3) Upon request of a State regulatory authority or nonregulated 
electric utility, the Commission may consider a limitation on the 
exemptions specified in paragraph (c)(1) of this section.
    (4) Upon request of any person, the Commission may determine whether 
a qualifying facility is exempt from a particular State law or 
regulation.

(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 12237, Feb. 25, 1980, as amended by Order 135, 46 FR 19232, Mar. 
30, 1981]