FERC Qualifying Facility Status. Seller shall take all actions, including making or supporting timely filings with the FERC necessary to obtain or maintain the Qualifying Facility status of the Facility throughout the Term; provided, however, that this obligation does not apply to the extent Seller is unable to maintain Qualifying Facility status using commercially reasonable efforts because of (a) a change in PURPA or in regulations of the FERC implementing PURPA occurring after the Execution Date, or (b) a change in Laws directly impacting the Qualifying Facility status of the Facility occurring after the Execution Date; and provided further that Seller shall not be obligated under this Section 3.7 to take any actions or make any filings to the extent that no action or filing is required by FERC to obtain, or maintain the Qualifying Facility status of the Facility.
FERC Qualifying Facility Status. (a) If the Generating Facility is a “qualifying cogeneration facility”, as contemplated in 18 CFR Section 292.205, then within 30 Business Days following the end of each year, and within 30 Business Days following the Term End Date, Seller shall provide to Buyer:
FERC Qualifying Facility Status. If the Generating Facility is a “qualifying cogeneration facility”, as contemplated in 18 CFR Section 292.205, then within 30 Business Days following the end of each year, and within 30 Business Days following the Term End Date, Seller shall provide to Buyer: Subject to Section 9.10, a completed copy of Buyer’s “QF Efficiency Monitoring Program – Cogeneration Data Reporting Form”, substantially in the form of Exhibit T-1, with calculations and verifiable supporting data, which demonstrates the compliance of the Generating Facility with qualifying cogeneration facility operating and efficiency standards set forth in 18 CFR Part 292, Section 292.205 “Criteria for Qualifying Cogeneration Facilities”, for the applicable year; and A copy of a FERC order waiving for the Generating Facility the applicable operating and efficiency standards for qualifying cogeneration facilities, as contemplated in 18 CFR Part 292, Section 292.205, “Criteria for Qualifying Cogeneration Facilities”, for the applicable year, if Seller has received such order from the FERC. If Generating Facility is a “qualifying small power production facility”, as contemplated in 18 CFR Section 292.203, then within 30 Business Days following the end of each year, and within 30 Business Days following the Term End Date, Seller shall provide to Buyer: Subject to Section 9.10, a completed copy of Buyer’s “Fuel Use Standards – Small Power Producer Data Reporting Form”, substantially in the form of Exhibit T-2, with calculations and verifiable supporting data, which demonstrates the compliance of the Generating Facility with qualifying small power production facility fuel use standards set forth in 18 CFR Part 292, Section 292.204, “Criteria for Qualifying Small Power Production Facilities”, for the applicable year; and A copy of a FERC order waiving for the Generating Facility, the applicable operating and fuel use standards for qualifying small power production facilities, as contemplated in 18 CFR Part 292, Section 292.204, “Criteria for Qualifying Small Power Production Facilities”, for the applicable year, if Seller has received such order from the FERC. Seller shall take all necessary steps, including making or supporting timely filings with the FERC in order to maintain, or obtain a FERC waiver of, the Qualifying Facility status of the Generating Facility throughout the Term; provided, however, that this obligation does not apply to the extent Seller is unable to maintain Qualifying Facility stat...
FERC Qualifying Facility Status. Seller shall take all actions, including making or supporting timely filings with FERC necessary to obtain or maintain the Qualifying Facility status of the Generating Facility throughout the Delivery Term; provided, however, that Seller shall not be obligated under this Section 3.37 to take any actions or make any filings to the extent that no action or filing is required by FERC to obtain, or maintain the Qualifying Facility status of the Generating Facility.
FERC Qualifying Facility Status. RAP ID #[Number], [Seller’s Name]
