18 Cfr 294.101

§ 292.602

18 CFR Ch. I (4–1–14 Edition)

or made pursuant to a contract executed on or before March 17, 2006 or
made pursuant to a state regulatory
authority’s implementation of section
210 the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 824a–1, shall
be exempt from scrutiny under sections
205 and 206;
(2) Section 1–18, and 21–30;
(3) Sections 202(c), 210, 211, 212, 213,
214, 215, 220, 221 and 222;
(4) Sections 305(c); and
(5) Any necessary enforcement provision of part III of the Federal Power
Act (including but not limited to sections 306, 307, 308, 309, 314, 315, 316 and
316A) with regard to the sections listed
in paragraphs (c)(1), (2), (3) and (4) of
this section.
(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)
[Order 135, 46 FR 19232, Mar. 30, 1981, as
amended by Order 569, 59 FR 40470, Aug. 9,
1994; Order 671, 71 FR 7868, Feb. 15, 2006; 72 FR
29063, May 24, 2007; Order 732, 75 FR 15966,
Mar. 30, 2010]

§ 292.602 Exemption to qualifying facilities from the Public Utility Holding Company Act of 2005 and certain State laws and regulations.
(a) Applicability. This section applies
to any qualifying facility described in
§ 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 2005. A qualifying facility described in paragraph
(a) of this section or a utility geothermal small power production facility shall be exempt from the Public
Utility Holding Company Act of 2005, 42
U.S.C. 16,451–63.
(c) Exemption from certain State laws
and regulations. (1) Any qualifying facility described in paragraph (a) of this
section shall be exempted (except as
provided in paragraph (c)(2) of this section) from State laws or regulations 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 laws and regulations 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 (b)(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; Order
671, 71 FR 7869, Feb. 15, 2006; Order 671–A, 71
FR 30589, May 30, 2006; Order 732, 75 FR 15966,
Mar. 30, 2010; 77 FR 9842, Feb. 21, 2012]

PART
294—PROCEDURES
FOR
SHORTAGES OF ELECTRIC ENERGY AND CAPACITY UNDER
SECTION 206 OF THE PUBLIC
UTILITY REGULATORY POLICIES
ACT OF 1978
AUTHORITY: 5 U.S.C. 553; 16 U.S.C. 791a–825r;
42 U.S.C. 7107–7352.

§ 294.101 Shortages of electric energy
and capacity.
(a) Definition of shortages of electric
energy and capacity. For purposes of
this section, the term anticipated shortages of electric or energy means:
(1) Any situation anticipated to
occur in which the generating and bulk
purchased power capability of a public
utility will not be sufficient to meet its
anticipated demand plus appropriate
reserve margins and this shortage
would affect the utility’s capability
adequately to supply electric services
to its firm power wholesale customers;
or

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Federal Energy Regulatory Commission
(2) Any situation anticipated to
occur in which the energy supply capability of a public utility is not sufficient to meet its customers’ energy requirements and this shortage would affect the utility’s capability adequately
to supply electric services to its firm
power wholesale customers.
(b) Accommodation of shortages. (1)
Each public utility now serving firm
power wholesale customers, shall submit a brief statement indicating how it
would accommodate any shortages of
electric energy or capacity affecting
its firm power wholesale customers.
(2) This statement shall:
(i) Describe how the utility would assure that direct and indirect customers
are treated without undue prejudice or
disadvantage; and
(ii) It shall also identify any agreement, law, or regulation which might
impair the utility’s ability to accommodate such a shortage.
(3) Each utility shall file a copy of its
statement with any appropriate State
regulatory agency and all firm power
wholesale customers.
(4) If a plan for accommodating any
shortages of electric energy or capacity
affecting its firm power wholesale customers as described in the brief statement submitted pursuant to paragraph
(b)(1) of this section is modified, the
utility must submit to the Commission
and the persons described in paragraph
(b)(3) of this section within 15 days of
any such modification, a supplemental
statement informing the Commission
of those modifications.
(5) Notwithstanding any other provision of this section, a public utility
need not file the statement with the
Commission if the public utility provides in its rate schedules to firm
power wholesale customers that:
(i) During electric energy and capacity shortages it will treat without
undue discrimination or preference,
prejudice, or disadvantage firm power
wholesale customers; and
(ii) It will report any modifications
to its contingency plans for accommodating shortages within 15 days to:
(A) The appropriate State regulatory
agency and
(B) To the affected wholesale customers.

§ 294.101
(c) Reporting requirements. Each public utility shall immediately report to
the Commission, to any State regulatory authority and to firm power
wholesale customers, any anticipated
shortage of electric energy or capacity.
The report shall include the following
information:
(1) The nature and projected duration
of the anticipated capacity or energy
supply shortage;
(2) A list showing all firm power
wholesale customers affected or likely
to be affected by the anticipated shortage;
(3) Procedures for accommodating
the shortage, if different from those described in paragraph (b) of this section;
(4) An estimate of the effects (reduced power and energy usage) of use
of these procedures upon the utility’s
wholesale and retail customers; and
(5) The name, title, address and telephone number of an officer or employee
of the utility who may be contacted for
further information regarding the
shortage and planned actions of the
utility.
(d) Reports to other government entities.
Any report filed with another governmental entity that contains the information that must be reported under
this part may be filed to comply with
this part.
(e) Reporting Procedure. Any public
utility that reports under this part
must provide an electronic filing to
this Commission at [email protected]
and one copy to any state regulatory
authority and firm power wholesale
customers, unless otherwise required
by the Commission.
(f) Report of anticipated shortage. Notwithstanding any other provision of
this part, if a public utility provides in
its rate schedule that it will make such
reports to the appropriate state regulatory agency and to its firm power
wholesale
requirements
customers,
then it need only report to the Commission the nature and projected duration of the anticipated capacity or energy supply shortage and supply a list
of the firm power wholesale customers
affected or likely to be affected by the
shortage. Upon receiving the public
utility’s report of anticipated shortage
of electric energy or capacity, the

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§ 294.101

18 CFR Ch. I (4–1–14 Edition)

Commission will decide what further
reports, if any, to require.
[44 FR 37502, June 27, 1979, as amended at 47
FR 20297, May 12, 1982; Order 401, 49 FR 39538,
Oct. 9, 1984; Order 401–A, 54 FR 41087, Oct. 5,
1989; Order 575, 60 FR 4859, Jan. 25, 1995; Order
659, 70 FR 35028, June 16, 2005]

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