18 Cfr 292.208

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Federal Energy Regulatory Commission
filing on each electric utility with
which it expects to interconnect, transmit or sell electric energy to, or purchase supplementary, standby, back-up
or maintenance power from, and the
State regulatory authority of each
state where the facility and each affected electric utility is located. The
Commission will publish a notice in
the FEDERAL REGISTER for each application for Commission certification
and for each self-certification of a cogeneration facility that is subject to
the requirements of § 292.205(d).
(2) Facilities of 500 kW or more. An
electric utility is not required to purchase electric energy from a facility
with a net power production capacity
of 500 kW or more until 90 days after
the facility notifies the facility that it
is a qualifying facility or 90 days after
the utility meets the notice requirements in paragraph (c)(1) of this section.
(d) Revocation of qualifying status.
(1)(i) If a qualifying facility fails to
conform with any material facts or
representations presented by the cogenerator or small power producer in
its submittals to the Commission, the
notice of self-certification or Commission order certifying the qualifying
status of the facility may no longer be
relied upon. At that point, if the facility continues to conform to the Commission’s qualifying criteria under this
part, the cogenerator or small power
producer may file either a notice of
self-recertification of qualifying status
pursuant to the requirements of paragraph (a) of this section, or an application for Commission recertification
pursuant to the requirements of paragraph (b) of this section, as appropriate.
(ii) The Commission may, on its own
motion or on the motion of any person,
revoke the qualifying status of a facility that has been certified under paragraph (b) of this section, if the facility
fails to conform to any of the Commission’s qualifying facility criteria under
this part.
(iii) The Commission may, on its own
motion or on the motion of any person,
revoke the qualifying status of a selfcertified or self-recertified qualifying
facility if it finds that the self-certified
or self-recertified qualifying facility

§ 292.208
does not meet the applicable requirements for qualifying facilities.
(2) Prior to undertaking any substantial alteration or modification of a
qualifying facility which has been certified under paragraph (b) of this section, a small power producer or cogenerator may apply to the Commission for a determination that the proposed alteration or modification will
not result in a revocation of qualifying
status. This application for Commission recertification of qualifying status
should be submitted in accordance with
paragraph (b) of this section.
[45 FR 17972, Mar. 20, 1980]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 292.207, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

§ 292.208 Special requirements for hydroelectric small power production
facilities located at a new dam or
diversion.
(a) A hydroelectric small power production facility that impounds or diverts the water of a natural watercourse by means of a new dam or diversion (as that term is defined in
§ 292.202(p)) is a qualifying facility only
if it meets the requirements of:
(1) Paragraph (b) of this section;
(2) Section 292.203(c); and
(3) Part 4 of this chapter.
(b) A hydroelectric small power production described in paragraph (a) is a
qualifying facility only if:
(1) The Commission finds, at the time
it issues the license or exemption, that
the project will not have a substantial
adverse effect on the environment (as
that term is defined in § 292.202(q)), including recreation and water quality;
(2) The Commission finds, at the time
the application for the license or exemption is accepted for filing under
§ 4.32 of this chapter, that the project is
not located on any segment of a natural watercourse which:
(i) Is included, or designated for potential inclusion in, a State or National wild and scenic river system; or
(ii) The State has determined, in accordance with applicable State law, to
possess unique natural, recreational,
cultural or scenic attributes which

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§ 292.209

18 CFR Ch. I (4–1–18 Edition)

would be adversely affected by hydroelectric development; and
(3) The project meets the terms and
conditions set by the appropriate fish
and wildlife agencies under the same
procedures as provided for under section 30(c) of the Federal Power Act.
(c) For the Commission to make the
findings in paragraph (b) of this section
an applicant must:
(1) Comply with the applicable hydroelectric licensing requirements in Part
4 of this chapter, including:
(i) Completing the pre-filing consultation process under § 4.38 of this
chapter, including performing any environmental studies which may be required under §§ 4.38(b)(2)(i)(D) through
(F) of this chapter; and
(ii) Submitting with its application
an environmental report that meets
the requirements of § 4.41(f) of this
chapter, regardless of project size;
(2) State whether the project is located on any segment of a natural watercourse which:
(i) Is included in or designated for potential inclusion in:
(A) The National Wild and Scenic
River System (28 U.S.C. 1271–1278
(1982)); or
(B) A State wild and scenic river system;
(ii) Crosses an area designated or recommended for designation under the
Wilderness Act (16 U.S.C. 1132) as:
(A) A wilderness area; or
(B) Wilderness study area; or
(iii) The State, either by or pursuant
to an act of the State legislature, has
determined to possess unique, natural,
recreational, cultural, or scenic attributes that would be adversely affected by hydroelectric development.
(d) If the project is located on any
segment of a natural watercourse that
meets any of the conditions in paragraph (c)(2) of this section, the applicant must provide the following information in its application:
(1) The date on which the natural watercourse was protected;
(2) The statutory authority under
which the natural watercourse was protected; and
(3) The Federal or state agency, or
political subdivision of the state, that

is in charge of administering the natural watercourse.
[Order 499, 53 FR 27003, July 18, 1988]

§ 292.209 Exceptions
from
requirements
for
hydroelectric
small
power production facilities located
at a new dam or diversion.
(a) The requirements in §§ 292.208(b)(1)
through (3) do not apply if:
(1) An application for license or exemption is filed for a project located at
a Government dam, as defined in section 3(10) of the Federal Power Act, at
which non-Federal hydroelectric development is permissible; or
(2) An application for license or exemption was filed and accepted before
October 16, 1986.
(b) The requirements in §§ 292.208(b)
(1) and (3) do not apply if an application for license or exemption was filed
before October 16, 1986, and is accepted
for filing by the Commission before October 16, 1989.
(c) The requirements in § 292.208(b)(3)
do not apply to an applicant for license
or exemption if:
(1) The applicant files a petition pursuant to § 292.210; and
(2) The Commission grants the petition.
(d) Any application covered by paragraph (a), (b), or (c) of this section is
excepted from the moratorium imposed
by section 8(e) of the Electric Consumers Protection Act of 1986, Pub. L.
No. 99–495.
[Order 499, 53 FR 27003, July 18, 1988]

§ 292.210 Petition alleging commitment
of substantial monetary resources
before October 16, 1986.
(a)
An
applicant
covered
by
§ 292.203(c) whose application for license
or exemption was filed on or after October 16, 1986, but before April 16, 1988,
may file a petition for exception from
the requirement in § 292.208(b)(3) and
the
moratorium
described
in
§ 292.203(c)(2). The petition must show
that prior to October 16, 1986, the applicant committed substantial monetary
resources (as that term is defined in
§ 292.202(r)) to the development of the
project.
(b) Subject to rebuttal under paragraph (d)(7)(ii) of this section, a showing of the commitment of substantial

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