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FERC-556

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How to Obtain QF Status for Your Facility

An owner or operator of a generating facility may obtain QF status by either submitting a self-certification or applying for and obtaining a Commission certification of QF status. The choice of whether to certify a facility through a self-certification or Commission certification is up to the applicant. In some instances, negotiations with a lender or utility purchaser may proceed more smoothly if the facility has been certified by the Commission.

A completed Form No. 556 must be submitted with each self-certification or application for Commission certification of QF status. Most types of QF filings also have an associated notice requirement; see the Commission’s QF Notice Requirements website for more information.

There are two methods of making QF filings:

• eFiling

• Hardcopy Filing & Forms

All QF applications and self-certifications may be filed electronically, and applicants are strongly encouraged to use the electronic filing process. By filing electronically, you will reduce your filing burden, save paper resources, save postage or courier charges, help keep Commission expenses to a minimum, and receive a much faster confirmation (via an email containing the docket number assigned to your facility) that the Commission has received your filing.

When prompted, select one of the following filing types, as appropriate, from the Electric menu:

• (Fee) Application for Commission Cert. as Cogeneration QF

• (Fee) Application for Commission Cert. as Small Power QF

• Self-Certification Notice (QF, EG, FC)

• Self-Recertification of Qualifying Facility (QF)

• Supplemental Information or Request (use this selection if you are supplementing or correcting a filing, whether on your own initiative, or at the request of Commission staff)

If you are required to pay a fee, you will be prompted to submit your fee electronically during the electronic filing process. You can pay via credit card or electronic debit from a bank account. If you are eFiling an application which requires you to submit a draft Federal Register notice (see Notice Requirements page for information), you must upload your draft notice in a word processing format (DOC, RTF, WPD, etc.) during the eFiling process.

To file a hardcopy of your self-certification or application for Commission certification, make sure the filing is completed and signed, and send the filing (including original and 14 copies of the Form No. 556 and any required attachments) and a check for the filing fee (if applicable) to the Secretary at the address listed in the Hardcopy Filing & Forms page of the FERC website.

Application for Commission Certification

An application for Commission certification of QF status under 18 C.F.R. § 292.207(b) must include the following:

• A completed Form No. 556.

• For all applications for Commission certification, the public is given notice through an announcement in the Federal Register of the filing of applications for Commission certification. Thus, applications for Commission certification must be accompanied by a draft notice suitable for publication in the Federal Register. See the Commission’s QF Notice Requirements page for more information.

• A check for the filing fee made payable to the Treasurer of the United States. Please visit our Fee Schedule page for the most current filing fee. A filing date will not be assigned to an application unless it is accompanied by the proper fee.

After submitting an application, applicants can locate documents related to their application and find their docket number by performing a New Dockets Search in eLibrary.

Within 90 days of the filing of an application, the Commission will either inform the applicant that the filing is deficient, issue an order granting or denying the application, or act to postpone the date for issuing an order. Under 18 C.F.R., 292.207(b)(3), if the Commission has not acted upon the application within 90 days of the filing date, it shall be deemed granted.

Self-Certification

A self-certification of QF status under 18 C.F.R. § 292.207(a) must include the following:

• A completed Form No. 556.

• If the self-certification is for a "new cogeneration facility" (as defined below), then the public will be given notice of the filing through an announcement in the Federal Register. Thus, self-certifications of "new cogeneration facilities" must be accompanied by a draft notice suitable for publication in the Federal Register. See the Commission’s QF Notice Requirements page for more information. A "new cogeneration facility" is a cogeneration facility that was either not certified as a QF on or before August 8, 2005, or that had not filed a notice of self-certification, self-recertification or an application for Commission certification or Commission recertification as a qualifying cogeneration facility on or before February 1, 2006.

There is no fee for filing a self-certification.

Applicants will be notified of their docket number either by email (if their application is eFiled) or by U.S. mail (if their application is filed in hardcopy format). Keep this number for future reference. You will receive no other document from the Commission for self-certifications.

Applicants for self-certification who have not yet received their docket number from the Secretary can locate their filed documents and find their docket number by performing a New Dockets Search in eLibrary.

Notice Requirements

Certain notice requirements apply to various types of QF filings, as described below. More than one notice requirement may apply, so make sure to identify all requirements for your facility.

Applications for Commission Certification

The public is given notice of each application for Commission certification through a publication in the Federal Register of a description of the filing. Applicants for Commission certification are required to provide with their filing a draft notice suitable for publication in the Federal Register. Blank copies of such draft notices are available for download at the Commission’s Notice Formats page. For such notices, be sure to select the notice for 18 CFR 292.207(b)(4), Application for Commission Certification of Qualifying Facility Status. Complete the draft notice by inserting the text describing your filing and facility in the appropriate locations on the blank notice.

Draft Federal Register notices must be provided with your filing in electronic word processing format (DOC, WPD, RTF, etc.), regardless of whether you file electronically or in hardcopy format. If you file electronically, simply upload the electronic copy of your draft Federal Register notice with the rest of your documents during the eFiling process. If you file in hardcopy format, then you must provide the electronic copy of your draft Federal Register notice on either a 3-1/2” diskette, a CD or a DVD.

Self-Certifications

Any applicant submitting a self-certification is required serve a copy of its self-certification on the following entities:

• Each electric utility with which it expects to interconnect, transmit or sell electric energy to or purchase supplementary, standby, back-up and maintenance power; and

• The State regulatory authority of each state where the facility and each affected utility is located.

Self-Certification of an EPAct 2005 “New” Cogeneration Facility

The Energy Policy Act of 2005 prescribed certain additional requirements for “new” cogeneration facilities (that is, for facilities that were ether not certified as a qualifying cogeneration facility on or before August 8, 2005, or that had not filed a notice of self-certification, self-recertification or an application for Commission certification or Commission recertification as a qualifying cogeneration facility on or before February 1, 2006).

The public is given notice of each self-certification of an EPAct 2005 “new” cogeneration facility through a publication in the Federal Register of a description of the filing. Applicants for EPAct 2005 “new” cogeneration facilities are required to provide with their filing a draft notice suitable for publication in the Federal Register. Blank copies of such draft notices are available for download at the Commission’s Notice Formats page. For such notices, be sure to select the notice for 18 CFR 292.207(a)(1)(iv), Application for Self-Certification of Qualifying Facility Status for a New Cogeneration Facility. Complete the draft notice by inserting the text describing your filing and facility in the appropriate locations on the blank notice.

Draft Federal Register notices must be provided with your filing in electronic word processing format (DOC, WPD, RTF, etc.), regardless of whether you file electronically or in hardcopy format. If you file electronically, simply upload the electronic copy of your draft Federal Register notice with the rest of your documents during the eFiling process. If you file in hardcopy format, then you must provide the electronic copy of your draft Federal Register notice on either a 3-1/2” diskette, a CD or a DVD.