Qualifying Facilities Clause Samples
The 'Qualifying Facilities' clause defines which entities or facilities meet specific regulatory or contractual criteria to be recognized as qualifying under the agreement. Typically, this involves meeting standards set by government agencies, such as the Federal Energy Regulatory Commission (FERC) in the context of energy contracts, where a facility must generate power from certain sources or within certain capacity limits. By clearly identifying which facilities are eligible, this clause ensures that only those meeting the necessary qualifications can benefit from or be subject to the terms of the contract, thereby providing clarity and compliance with relevant laws.
Qualifying Facilities. Each of the electric generation facilities that the Company owns, leases and/or operates is a “qualifying facility” (“QF”) as defined under the Public Utility Regulatory Polices Act of 1978, as amended, and the regulations promulgated thereunder (“PURPA”) that sells its electric output solely at wholesale. The Company has filed all notices of certification, recertification and otherwise complied with all requirements of PURPA necessary to maintain the QF status under PURPA of each of the electric generation facilities that the Company owns, leases and/or operates. The QF status of the electric generation facilities that the Company owns, leases and/or operates is not subject to any pending challenge, investigation or request for revocation, or appeal thereof.
Qualifying Facilities. Substantially all (95%) of the proceeds of the Bonds will be used to provide qualifying manufacturing facilities within the meaning of Section 144(a) of the Code and Treasury Regulations promulgated thereunder. All of the costs of the Project, as set forth in Exhibit C attached hereto, were paid or incurred after December 10, 1996 and were or will be charged to the capital accounts of land or property subject to the allowance for depreciation for federal income tax purposes. No more than 25% of the Sale Proceeds of the Bonds and the investment earnings thereon will be spent on "ancillary facilities" within the meaning of Section 144(a)(12)(C) of the Code.
Qualifying Facilities. Nothing in this Agreement shall prevent the California Parties from taking any position in any proceeding concerning the prices applicable to sales by qualifying facilities, and nothing in this Agreement shall limit the relief that the CPUC may order in any proceeding before it, including the CPUC’s Order Instituting Rulemaking into Implementation of Public Utilities Code Section 390, Rulemaking 99-11-02.
Qualifying Facilities. Load Curtailment: ▪ Attachment 3 - Power Purchase Contract ▪ Attachment 16 - Site Purchase Agreement for Lake Side (if applicable) ▪ Attachment 17 - Site Purchase Agreement for Currant Creek (if applicable) ▪ Appendix C-1 - PPA and TSA Information Request ▪ Appendix F - SFAS No. 13 Form ▪ Appendix G - Bidder Site Control Form ▪ Appendix H - Construction Coordination Agreement (if applicable) ▪ Attachment 2- QFs Bidder Information
Qualifying Facilities. Nothing in this Agreement shall affect or limit the right of the California Parties to seek and recover a refund of overpayments made by the utilities to any qualifying facility owned by or in any way associated with Enron now or previously, including the following proceedings pending before the CPUC: R.▇▇-▇▇-▇▇▇, R.04-04- 003, and R.04-04-02, nor shall anything in this Agreement limit the ability of the CPUC to order such relief or limit any defenses of Enron thereto.
Qualifying Facilities. The following Projects are duly certified as and meet the requirements for status as a “qualifying small power production facility” within the meaning of the FPA: (i) the Operating Project located in Hernando, Florida; (ii) the Development Project located in Sarasota, Florida; and (iii) the Development Project located in Weld County, Colorado.
Qualifying Facilities. A Scheduling Coordinator that represents a QF subject to an Existing QF Contract that is not subject to a PGA or Net Scheduled PGA will make reasonable efforts to require such QFs to comply with the CAISO’s instructions during a System Emergency without penalty for failure to do so.
Qualifying Facilities. All of the Company's Qualifying Facilities are in compliance in all material respects with Section 210 of PURPA and the regulations promulgated thereunder. The Company has not received any notice from FERC or other regulatory authority that any of the Company's Qualifying Facilities are in material violation of PURPA or the regulations promulgated thereunder or otherwise fail to satisfy any material legal requirements applicable to Qualifying Facilities.