Energy Regulatory Matters. (1) The sale of each such Project to Purchaser will not (A) cause Purchaser, the Investor or any of their direct or indirect owners to become subject to, or not exempt from, regulation under the Federal Power Act or the Public Utility Holding Company Act of 2005, (B) require the approval of any Governmental Authority pursuant to state or local law, or (C) cause Purchaser, the Investor or any of their direct or indirect owners to become subject to, or not exempt from, regulation as a “public utility”, “electric utility” or similar designation under state or local law. (2) The PV System for each such Project is a qualifying facility pursuant to 18 C.F.R. § 292.101(b)(1) and a qualifying small power production facility pursuant to 18 C.F.R. § 292.203(a) of FERC’s regulations and has or will have, together with all other PV Systems of all such Projects located within a mile of each such Project, a power production capacity of no more than twenty (20) MW (AC) and, to the extent required under FERC regulations to preserve such status, such Seller shall have filed or will file with FERC a notice of self-certification, or have obtained or will obtain from FERC an order granting certification, with respect to such status.
Appears in 10 contracts
Samples: Development, Epc and Purchase Agreement, Development, Epc and Purchase Agreement (Vivint Solar, Inc.), Development, Epc and Purchase Agreement (Vivint Solar, Inc.)
