Common use of FERC Qualifying Facility Status Clause in Contracts

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 status using commercially reasonable efforts because of (i) a change in PURPA or in regulations of the FERC implementing PURPA occurring after the Effective Date, or (ii) a change in Applicable Laws directly impacting the Qualifying Facility status of the Generating Facility occurring after the Effective Date. The term “commercially reasonable efforts” in this Section 3.17(c) does not require Seller to pay or incur more than $20,000 multiplied by the number of Term Years in the Term.

FERC Qualifying Facility Status. If the Generating Facility is a “qualifying cogeneration facility”, ” as contemplated in 18 CFR Section 292.205, then within 30 thirty (30) Business Days following the end of each year, and within 30 thirty (30) Business Days following the Term End DateDate and thirty (30) Business Days after the end of the Curtailed Return Term, Seller shall provide to Buyer: Subject to Section 9.10A copy of a FERC order waiving for the Generating Facility, a the applicable operating and efficiency standards for qualifying cogeneration facilities for the applicable year; or 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 Qualifying 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 292.203Sections 292.203(a), 292.203(c) and 292.204, then within 30 thirty (30) Business Days following the end of each year, and within 30 thirty (30) Business Days following the Term End DateDate and thirty (30) Business Days after the end of the Curtailed Return Term, Seller shall provide to Buyer: Subject to Section 9.10A copy of a FERC order waiver for the Generating Facility, a the applicable operating and fuel use standards for qualifying small power production facilities for the applicable year; or 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 producer Qualifying Facility fuel use standards set forth in 18 CFR Part 292, Section 292.204, 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 status using commercially reasonable efforts because of (i) a change in PURPA or in regulations of the FERC implementing PURPA occurring after the Effective Date, or (ii) a change in Applicable Laws directly impacting the Qualifying Facility status of the Generating Facility occurring after the Effective Date. The term “commercially reasonable efforts” in this Section 3.17(c) does not require Seller to pay or incur more than $20,000 multiplied by the number of Term Years in the Term.

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 stepsactions, including making or supporting timely filings with the FERC in order necessary to maintainobtain, or obtain maintain a FERC waiver of, the Qualifying Facility status of the Generating Facility throughout the Term; provided, however, that this as described below. This obligation does not apply to the extent Seller is unable to maintain Qualifying Facility status using commercially reasonable efforts because of (ia) a change in PURPA or in regulations of the FERC implementing PURPA occurring after the Effective Execution Date, or (iib) a change in Applicable Laws directly impacting the Qualifying Facility status of the Generating Facility occurring after the Effective Execution Date. The term Furthermore, in accordance with 18 CFR 292.203(d), any Facility with a net power production capacity of 1 MW or less is exempt from the requirements of 18 CFR 292.203(a)(3) and (b)(2). If the Facility is a “commercially reasonable effortsqualifying cogeneration facility” as contemplated in this 18 CFR Section 3.17(c292.205, within thirty (30) does not require days following the end of each calendar year, and within thirty (30) days following the end of the Delivery Term, Seller shall provide to pay Buyer: A copy of a FERC order waiving, for the Facility, the applicable operating and efficiency standards for qualifying cogeneration facilities for the applicable year; or incur more than $20,000 multiplied by the number A completed copy of Term Years Buyer’s “QF Efficiency Monitoring Program – Cogeneration Data Reporting Form,” substantially in the form of Appendix E, with calculations and verifiable supporting data, which demonstrates the compliance of the Facility with cogeneration Qualifying Facility operating and efficiency standards set forth in 18 CFR Section 292.205 “Criteria for Qualifying Cogeneration Facilities,” for the applicable year. If the Facility is a “qualifying small power production facility” as contemplated in 18 CFR Sections 292.203(a), 292.203(c) and 292.204, within thirty (30) days following the end of each year, and within thirty (30) days following the end of the Delivery Term, Seller shall provide to Buyer: A copy of a FERC order waiving, for the Facility, the applicable operating and fuel use standards for qualifying small power production facilities for the applicable year; or A completed copy of Buyer’s “Fuel Use Standards – Small Power Producer Data Reporting Form,” substantially in the form of Appendix E, with calculations and verifiable supporting data, which demonstrates the compliance of the Facility with small power producer Qualifying Facility fuel use standards set forth in 18 CFR Section 292.204 “Criteria for Qualifying Small Power Production Facilities,” for the applicable year.