[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Rules and Regulations]
[Page 50663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20751]



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Rules and Regulations
                                                Federal Register
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to and codified in the Code of Federal Regulations, which is published 
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Federal Register / Vol. 76, No. 158 / Tuesday, August 16, 2011 / 
Rules and Regulations

[[Page 50663]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 292

[Docket No. RM09-23-000]


Revisions to Form, Procedures and Criteria for Certification of 
Qualifying Facility Status for a Small Power Production or Cogeneration 
Facility

AGENCY: Federal Energy Regulatory Commission.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY:  This document contains corrections to final regulations which 
were published in the Federal Register of Tuesday, March 30, 2010. The 
final rule document adopted revisions to FERC Form 556 and to 
Commission procedures and criteria for the certification of qualifying 
facility status for a small power production or cogeneration facility.

DATES: August 16, 2011.

FOR FURTHER INFORMATION CONTACT: S.L. Higginbottom (Legal Information), 
Office of the General Counsel, Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426, Telephone: 202-502-8561, 
E-mail: <a href="/cdn-cgi/l/email-protection#8af9ebe7ffefe6a4e2e3edede3e4e8e5fefee5e7caeceff8e9a4ede5fc"><span class="__cf_email__" data-cfemail="2f5c4e425a4a43014746484846414d405b5b40426f494a5d4c01484059">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The final regulations amended 18 CFR 292.205 
and affect the Commission's criteria and procedures for the 
certification of qualifying facility status for small power production 
or cogeneration facilities.
    As published, the final regulations contained errors; they 
incorrectly removed paragraphs from 18 CFR 292.205(d). These paragraphs 
contain critical criteria for new cogeneration facilities.

List of Subjects in 18 CFR Part 292

    Electric power, Electric power plants, Electric utilities.

    Accordingly, 18 CFR part 292 is corrected by making the following 
correcting amendment:

Subchapter K--Regulations Under The Public Utility Regulatory Policies 
Act of 1978

PART 292--REGULATIONS UNDER SECTION 201 AND 210 OF THE PUBLIC 
UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER 
PRODUCTION AND COGENERATION

0
1. The authority citation for part 292 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.


0
2. Section 292.205 is amended by adding paragraphs (d)(1) through (5) 
to read as follows:


Sec.  292.205  Criteria for qualifying cogeneration facilities.

* * * * *
    (d) * * *
    (1) The thermal energy output of the cogeneration facility is used 
in a productive and beneficial manner; and
    (2) The electrical, thermal, chemical and mechanical output of the 
cogeneration facility is used fundamentally for industrial, commercial, 
residential or institutional purposes and is not intended 
fundamentality for sale to an electric utility, taking into account 
technological, efficiency, economic, and variable thermal energy 
requirements, as well as state laws applicable to sales of electric 
energy from a qualifying facility to its host facility.
    (3) Fundamental use test. For the purpose of satisfying paragraph 
(d)(2) of this section, the electrical, thermal, chemical and 
mechanical output of the cogeneration facility will be considered used 
fundamentally for industrial, commercial, or institutional purposes, 
and not intended fundamentally for sale to an electric utility if at 
least 50 percent of the aggregate of such output, on an annual basis, 
is used for industrial, commercial, residential or institutional 
purposes. In addition, applicants for facilities that do not meet this 
safe harbor standard may present evidence to the Commission that the 
facilities should nevertheless be certified given state laws applicable 
to sales of electric energy or unique technological, efficiency, 
economic, and variable thermal energy requirements.
    (4) For purposes of paragraphs (d)(1) and (2) of this section, a 
new cogeneration facility of 5 MW or smaller will be presumed to 
satisfy the requirements of those paragraphs.
    (5) For purposes of paragraph (d)(1) of this section, where a 
thermal host existed prior to the development of a new cogeneration 
facility whose thermal output will supplant the thermal source 
previously in use by the thermal host, the thermal output of such new 
cogeneration facility will be presumed to satisfy the requirements of 
paragraph (d)(1).

    Dated: August 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20751 Filed 8-15-11; 8:45 am]
BILLING CODE 6717-01-P


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