FERC-914, Cogeneration and Small Power Production - Tariff Filings

Section 1253 of the Energy Policy Act of 2005 (EPACT 2005) modified Section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA). The Commission implemented the Congressional mandate of the Energy Policy Act of 2005 (EPAct 2005) by, inter alia, establishing criteria for new qualifying cogeneration facilities by: • ensuring that these facilities are using their thermal output in a productive and beneficial manner; that the electrical, thermal, chemical and mechanical output of new qualifying cogeneration facilities is used fundamentally for industrial, commercial, residential or industrial purposes; and there is continuing progress in the development of efficient electric energy generating technology; • amending the FERC Form 556 (OMB Control No. 1902-0075) to reflect the criteria for new qualifying cogeneration facilities; and • eliminating ownership limitations for qualifying cogeneration and small power production facilities. The Commission satisfied the statutory mandate and its continuing obligation to review its policies encouraging cogeneration and small power production, energy conservation, efficient use of facilities and resources by electric utilities and equitable rates for energy customers. The Commission issued Order Nos. 671 and 671-A to revise related regulations. The Commission eliminated certain exemptions from rate regulations that were previously available to qualifying facilities (QFs). New QFs may need to make tariff filings (i.e., the subject of FERC-914) if they do not meet the revised exemption requirements. In the FERC-914, those qualifying cogeneration and small power production facilities, required to do so, will submit to FERC: • FPA Section 205 and/or 206 filings, • Change of status notifications. Section 205 filings refer to Section 205(c) of the Federal Power Act (FPA), which requires that every public utility have all of its jurisdictional rates and tariffs on file with the Commission and make them available for public inspection, within such time and in such form as the Commission may designate. Section 205(d) of the FPA requires that every public utility must provide notice to the Commission and the public of any changes to its jurisdictional rates and tariffs. In addition, FPA section 206 allows the Commission, upon complaint or its own motion, to modify existing rates or services that the Commission finds to be unjust, unreasonable, unduly discriminatory or preferential. Finally, the QFs that are subject to Section 205 must provide the Commission with change of status notifications.

The latest form for FERC-914, Cogeneration and Small Power Production - Tariff Filings expires 2022-10-31 and can be found here.