18cfr 292.311

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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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§ 292.312

18 CFR Ch. I (4–1–08 Edition)

Commission for an order reinstating
the electric utility’s obligation to purchase electric energy under this section. Such application shall set forth
the factual basis upon which the application is based and describe why the
conditions set forth in § 292.309(a), (b)
or (c) are no longer met. After notice,
including sufficient notice to potentially affected electric utilities, and
opportunity for comment, the Commission shall issue an order within 90 days
of such application reinstating the
electric utility’s obligation to purchase
electric energy under this section if the
Commission finds that the conditions
set forth in § 292.309(a), (b), or (c) which
relieved the obligation to purchase, are
no longer met.
[Order 688, 71 FR 64372, Nov. 1, 2006]

rfrederick on PROD1PC67 with CFR

§ 292.312 Termination of obligation to
sell to qualifying facilities.
(a) Any electric utility may file an
application with the Commission for
relief from the mandatory obligation
to sell under this section on a service
territory-wide basis or a single qualifying facility basis. Such application
shall set forth the factual basis upon
which relief is requested and describe
why the conditions set forth in paragraphs (b)(1) and (b)(2) of this section
have been met. After notice, including
sufficient notice to potentially affected
qualifying 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
paragraphs (b)(1) and (b)(2) of this section have been met.
(b) After August 8, 2005, an electric
utility shall not be required to enter
into a new contract or obligation to
sell electric energy to a qualifying
small power production facility, an existing qualifying cogeneration facility,
or a new qualifying cogeneration facility if the Commission has found that;
(1) Competing retail electric suppliers are willing and able to sell and
deliver electric energy to the qualifying cogeneration facility or qualifying small power production facility;
and

(2) The electric utility is not required
by State law to sell electric energy in
its service territory.
[Order 688, 71 FR 64372, Nov. 1, 2006; 71 FR
75662, Dec. 18, 2006]

§ 292.313 Reinstatement of obligation
to sell.
At any time after the Commission
makes a finding under § 292.312 relieving an electric utility of its obligation
to sell electric energy, a qualifying cogeneration facility, a qualifying small
power production facility, a State
agency, or any other affected person
may apply to the Commission for an
order reinstating the electric utility’s
obligation to purchase electric energy
under this section. Such application
shall set forth the factual basis upon
which the application is based and describe why the conditions set forth in
Paragraph (b)(1) and (b)(2) of this section are no longer met. After notice,
including sufficient notice to potentially affected utilities, and opportunity for comment, the Commission
shall issue an order within 90 days of
such application reinstating the electric utility’s obligation to sell electric
energy under this section if the Commission finds that the conditions set
forth in paragraphs (b)(1) and (b)(2) of
this section are no longer met.
[Order 688, 71 FR 64372, Nov. 1, 2006]

§ 292.314

Existing rights and remedies.

Nothing in this section affects the
rights or remedies of any party under
any contract or obligation, in effect or
pending approval before the appropriate State regulatory authority or
non-regulated electric utility on or before August 8, 2005, to purchase electric
energy or capacity from or to sell electric energy or capacity to a qualifying
cogeneration facility or qualifying
small power production facility under
this Act (including the right to recover
costs of purchasing electric energy or
capacity).
[Order 688, 71 FR 64372, Nov. 1, 2006]

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