18cfr 292.310

§ 292.310

18 CFR Ch. I (4–1–08 Edition)

constraints. The qualifying facility
may show that it is located in an area
where persistent transmission constraints in effect cause the qualifying
facility not to have access to markets
outside a persistently congested area
to sell the qualifying facility output or
capacity.
(g) The California Independent System Operator and Southwest Power
Pool, Inc. satisfy the criteria of
§ 292.309(a)(2)(i).
(h) No electric utility shall be required, under this part, to enter into a
new contract or obligation to purchase
from or sell electric energy to a facility that is not an existing qualifying
cogeneration facility unless the facility meets the criteria for new qualifying cogeneration facilities established by the Commission in § 292.205.
(i) For purposes of § 292.309(h), an
‘‘existing qualifying cogeneration facility’’ is a facility that:
(1) Was a qualifying cogeneration facility on or before August 8, 2005; or
(2) Had filed with the Commission a
notice of self-certification or self-recertification, or an application for
Commission
certification,
under
§ 292.207 prior to February 2, 2006.
(j) For purposes of § 292.309(h), a ‘‘new
qualifying cogeneration facility’’ is a
facility that satisfies the criteria for
qualifying cogeneration facilities pursuant to § 292.205.

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[Order 688, 71 FR 64372, Nov. 1, 2006; 71 FR
75662, Dec. 18, 2006]

§ 292.310 Procedures for utilities requesting termination of obligation
to purchase from qualifying facilities.
(a) An electric utility may file an application with the Commission for relief from the mandatory purchase requirement under § 292.303(a) pursuant
to this section on a service territorywide basis. Such application shall set
forth the factual basis upon which relief is requested and describe why the
conditions set forth in § 292.309(a)(1), (2)
or (3) have been met. After notice, including sufficient notice to potentially
affected qualifying cogeneration facilities and qualifying small power production facilities, and an opportunity for
comment, the Commission shall make
a final determination within 90 days of

such application regarding whether the
conditions set forth in § 292.309(a)(1), (2)
or (3) have been met.
(b) Sufficient notice shall mean that
an electric utility must identify with
names and addresses all potentially affected qualifying facilities in an application filed pursuant to paragraph (a).
(c) An electric utility must submit
with its application for each potentially affected qualifying facility: The
docket number assigned if the qualifying facility filed for self-certification
or an application for Commission certification of qualifying facility status;
the net capacity of the qualifying facility; the location of the qualifying facility depicted by state and county, and
the name and location of the substation where the qualifying facility is
interconnected; the interconnection
status of each potentially affected
qualifying facility including whether
the qualifying facility is interconnected as an energy or a network
resource; and the expiration date of the
energy and/or capacity agreement between the applicant utility and each
potentially affected qualifying facility.
All potentially affected qualifying facilities shall include:
(1) Those qualifying facilities that
have existing power purchase contracts
with the applicant;
(2) Other qualifying facilities that
sell their output to the applicant or
that have pending self-certification or
Commission certification with the
Commission for qualifying facility status whereby the applicant will be the
purchaser of the qualifying facility’s
output;
(3) Any developer of generating facilities with whom the applicant has
agreed to enter into power purchase
contracts, as of the date of the application filed pursuant to this section, or
are in discussion, as of the date of the
application filed pursuant to this section, with regard to power purchase
contacts;
(4) The developers of facilities that
have pending state avoided cost proceedings, as of the date of the application filed pursuant to this section; and
(5) Any other qualifying facilities
that the applicant reasonably believes
to be affected by its application filed

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Federal Energy Regulatory Commission
pursuant to paragraph (a) of this section.
(d) The following information must
be filed with an application:
(1) Identify whether applicant seeks a
finding
under
the
provisions
of
§ 292.309(a)(1), (2), or (3).
(2) A narrative setting forth the factual basis upon which relief is requested and describing why the conditions set forth in § 292.309(a)(1), (2), or
(3) have been met. Applicant should
also state in its application whether it
is relying on the findings or rebuttable
presumptions contained in § 292.309(e),
(f) or (g). To the extent applicant seeks
relief from the purchase obligation
with respect to a qualifying facility 20
megawatts or smaller, and thus seeks
to rebut the presumption in § 292.309(d),
applicant must also set forth, and submit evidence of, the factual basis supporting its contention that the qualifying facility has nondiscriminatory
access to the wholesale markets which
are the basis for the applicant’s filing.
(3) Transmission Studies and related
information, including:
(i) The applicant’s long-term transmission plan, conducted by applicant,
or the RTO, ISO or other relevant entity;
(ii) Transmission constraints by
path, element or other level of comparable detail that have occurred and/
or are known and expected to occur,
and any proposed mitigation including
transmission construction plans;
(iii) Levels of congestion, if available;
(iv) Relevant system impact studies
for the generation interconnections, already completed;
(v) Other information pertinent to
showing whether transfer capability is
available; and
(vi) The appropriate link to applicant’s OASIS, if any, from which a
qualifying facility may obtain applicant’s available transfer capability
(ATC) information.
(4) Describe the process, procedures
and practices that qualifying facilities
interconnected to the applicant’s system must follow to arrange for the
transmission service to transfer power
to purchasers other than the applicant.
This description must include the process, procedures and practices of all dis-

§ 292.311
tribution, transmission and regional
transmission facilities necessary for
qualifying facility access to the market.
(5) If qualifying facilities will be required to execute new interconnection
agreements, or renegotiate existing
agreements so that they can effectuate
wholesale sales to third-party purchasers, explain the requirements,
charges and the process to be followed.
Also, explain any differences in these
requirements as they apply to qualifying facilities compared to other generators, or to applicant-owned generation.
(6) Applicants seeking a Commission
finding pursuant to § 292.309(a)(2) or (3),
except those applicants located in
ERCOT, also must provide evidence of
competitive wholesale markets that
provide a meaningful opportunity to
sell capacity, including long-term and
short-term sales, and electric energy,
including long-term, short-term and
real-time sales, to buyers other than
the utility to which the qualifying facility is interconnected. In demonstrating that a meaningful opportunity to sell exists, provide evidence
of transactions within the relevant
market. Applicants must include a list
of known or potential purchasers, e.g.,
jurisdictional and non-jurisdictional
utilities as well as retail energy service
providers.
(7) Signature of authorized individual
evidencing the accuracy and authenticity of information provided by applicant.
(8) Person(s) to whom communications regarding the filed information
may be addressed, including name,
title, telephone number, and mailing
address.
[Order 688, 71 FR 64372, Nov. 1, 2006, as
amended by Order 688–A, 72 FR 35892, June
29, 2007]

§ 292.311 Reinstatement of obligation
to purchase.
At any time after the Commission
makes a finding under §§ 292.309 and
292.310 relieving an electric utility of
its obligation to purchase electric energy, a qualifying cogeneration facility, a qualifying small power production facility, a State agency, or any
other affected person may apply to the

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