QF Status. Guarantor shall operate and maintain the --------- Project as a Qualifying Facility unless the failure to so operate and maintain such Project as a Qualifying Facility would not cause or result in (a) a breach of the power purchase agreements that Guarantor is a party to or (b) an adverse effect on the revenues to be received under such power purchase agreements.
QF Status. Each of the Projects has status as a qualifying small power production facility (a “QF”) within the meaning of the Public Utility Regulatory Policies Act of 1978, as amended (“PURPA”), and FERC’s rules and regulations promulgated thereunder, and each of the Projects has obtained and currently possesses qualifying facility status per the FERC’s regulations in 18 C.F.R. § 292.207. Each of the Projects is not currently subject to any pending inquiry, investigation, or challenge relating to its status as a QF. Each of the Projects uses geothermal resources as its primary energy source and each Project Company is exempt under 18 C.F.R. § 292.601 of the FERC’s regulations from the requirements of Section 203(a)(1)(A) of the FPA.
QF Status. The Facility is and shall for the term of this Agreement continue to be a “qualifying facility” (“QF”) as that term is defined for a plant meeting the Facility’s qualifying criteria in the version of 18 C.F.R. Part 292 in effect on the date of Seller’s filing of self-certification of QF status with the Federal Energy Regulatory Commission (“FERC”). If based on a good faith belief that Seller’s circumstances have changed, (i) PacifiCorp may require Seller to provide PacifiCorp with a written legal opinion stating that the Facility is a QF and (ii) Seller will provide PacifiCorp with such reasonable information as PacifiCorp requests regarding the Facility.
QF Status. The Operating Facility has been certified by the FERC as a qualifying cogeneration facility ("QF") pursuant to the Public Utility Regulatory Policy Act of 1978, as amended ("PURPA") and the FERC's regulations implementing PURPA in an order issued on October 17, 1991. The Operating Facility has satisfied the relevant criteria for QF status at all times after September 1, 1999, and to the Knowledge of Seller, at all times after October 17, 1991 and prior to September 1, 1999.
QF Status. The Borrower shall maintain the status of the Projects as QFs.
QF Status. Each Project is, and has been since it commenced commercial operation, (a) a QF, and (b) exempt from all provisions of the FPA. Each Project's FERC Form 556 most recently filed with FERC contains current and accurate ownership and operating characteristics of such Project, except for updated information that is to be included in the filings contemplated by Section 5.19.1.
QF Status. If Rule 21 applicability for this interconnection is based on the Interconnection Customer maintaining QF status and selling all its exports to the grid to Distribution Provider under a PURPA PPA, then this provision applies and Distribution Provider may terminate this GIA if Interconnection Customer fails to maintain its QF status for the term of this GIA or upon termination of the Interconnection Customer’s PURPA PPA.
2.3.3.1 If Section 2.3.3 applies, the Interconnection Customer is responsible for maintaining QF status and must notify Distribution Provider sixty (60) Calendar Days in advance of Interconnection Customer failing to maintain its QF status, selling to a third-party, or termination of its PURPA PPA. If Interconnection Customer fails to provide such notice, it is wholly responsible for any penalties incurred from any Governmental Authority or the CAISO, including penalties and charges incurred by the Distribution Provider as a result of this failure to notify the Distribution Provider.
QF Status. Operator shall operate and maintain the Facility so as --------- to maintain its status as a Qualifying Cogeneration Facility.
QF Status. Provided that each Operating Facility is as of the Closing Date, and since the commencement of power generation at each Operating Facility has continuously been, a "qualifying cogeneration facility" within the meaning of the PURPA Requirements, consummation of the Contemplated Transactions by the Buyer Entities and Parent will not result in the loss of such status for such Operating Facility. EXHIBIT V PROVISIONS REGARDING PARENT COMMON STOCK TO BE RECEIVED BY SELLERS
QF Status. Borrower shall have delivered to Lender a copy of a notice of self-certification filed at FERC demonstrating that Project will be a qualifying small power production facility within the meaning of PURPA and 18 C.F.R. Sections 292.203 and 292.204 (“QF”) at the time the Project begins producing electric energy (the “QF Self-Certification”).
