Qualifying Facility Status. Seller warrants that the Facility is a “Qualifying Facility,” as that term is used and defined in 18 CFR 292.201 et seq. Seller’s failure to maintain the Facility and operations of the Facility in a manner consistent with the initial Qualifying Facility certificate will be a Material Breach of this Agreement. Idaho Power reserves the right to review the Seller’s Qualifying Facility status and associated support and compliance documents at anytime during the term of this Agreement.
3.2.1 If Idaho Power’s obligation to purchase energy from a “Qualifying Facility,” as that term is defined in 18 CFR 292.201 et seq. or ORS 758.505(8), is repealed or otherwise terminated, this Agreement will remain in full force and effect unless state or federal law mandates termination of this Agreement.
Qualifying Facility Status. Seller warrants that the Facility is a “Qualifying Facility,” as that term is used and defined in 18 CFR §292.207. After initial qualification, Seller will take such steps as may be required to maintain the Facility’s Qualifying Facility status during the term of this Agreement and Seller’s failure to maintain Qualifying Facility status will be a Material Breach of this Agreement. Idaho Power reserves the right to review the Seller’s Qualifying Facility status and associated support and compliance documents at anytime during the term of this Agreement.
Qualifying Facility Status. The QE either contemplates installing and operating or has installed and is operating a QF comprised in whole or in part of the following information described in Table 1 below. TABLE 1 TECHNOLOGY AND SYSTEM CAPABILITIES Address of QF Street name & number: City: Parish: System Type (Induction, Synchronous, Inverter) Technology & Energy Source (e.g. PV, wind turbine, hydroelectric) System Rating (kVA) Maximum Capability (kW) Power Factor Location of JPS’ Connected Feeder Possible Interconnection Voltage (kV) Projected or Actual Peak Internal Load kW (last 12-Months)
Qualifying Facility Status. (i) Each Borrower Project is, or will be as applicable, a qualifying small power production facility in accordance with 18 C.F.R. Part 292 and is exempt from: (1) the Public Utility Holding Company Act of 2005 and from State laws and regulations respecting the rates and the financial and organizational regulation of electric utilities as set forth in 18 C.F.R. Section 292.602(b) and (c), respectively; and (2) from all Sections of the Federal Power Act except for those set forth in 18 C.F.R. Sections 292.601(2) through (5).
(ii) As of each Borrowing Date, none of the Secured Parties nor any Affiliate (as that term is defined in Section 1261(1) of PUHCA, 42 U.S.C. § 16451(1)) of any of them will, solely as a result of Borrower’s construction, ownership, leasing or operating of the Borrower Projects, the sale or transmission of electricity from the Borrower Projects or the entering into any Operative Document or any transaction contemplated hereby or thereby, be subject to, or not exempt from, regulation under the FPA or PUHCA or under State laws and regulations respecting the rates or the financial or organizational regulation of electric utilities, except that (A) if any of the Secured Parties otherwise is a “holding company” as defined in PUHCA, the purchase, acquisition or taking by such Secured Party of a security (as defined in Section 3(16) of the FPA, 16 U.S.C. § 796(17)) of the Borrower, because Borrower is or may become an “electric utility company” as defined in PUHCA, may be subject to Section 203(a)(2) of the FPA, 16 U.S.C. § 824(b)(a)(2) (provided that such Secured Party may be eligible for a blanket authorization granted pursuant to 18 C.F.R. § 33.1(c), if such acquisition meets the criteria of a blanket authorization), and (B) upon exercise by a Secured Party of certain remedies allowed under the Financing Documents, such Secured Party and its Affiliates (as that term is defined in Section 1262(1) of PUHCA, 42 U.S.C. § 16451(1)) may become subject to regulation under the FPA or PUHCA, to the extent such entity 16 [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. becomes an owner or operator of, or controls, the Borrower, or any Borrower Project’s FERC jurisdictional facilities or contracts, if any.
Qualifying Facility Status. Throughout the Term of this Agreement, QF shall cause the Facility to be a Qualifying Facility and shall obtain, and maintain, certification of the Facility as a Qualifying Facility pursuant to the requirements of FERC and other applicable Governmental Authorities. If at any time the Facility ceases to be a Qualifying Facility for any reason, then Alabama Power shall be entitled to immediately terminate this Agreement in its sole and absolute discretion. If Alabama Power so terminates this Agreement, Alabama Power shall have no further obligation to purchase or receive, and QF shall have no further obligation to sell or provide, any energy under this Agreement.
Qualifying Facility Status. Seller warrants that, at the date of initial energy deliveries and during the term of this Agreement, its generating facility shall meet the qualifying facility requirements established as of the effective date of the agreement by the Federal Energy Regulatory Commission's rules (18 Code of Federal Regulations 292) implementing the Public Utility Regulatory Act of 1978 (16 U.S.C.A. 796, et seq.).
Qualifying Facility Status. The Borrower will take all necessary action within its control, and otherwise use its best efforts, to ensure that the Facility continues to meet the requirements of a Qualifying Facility.
Qualifying Facility Status. Prior to the DATE OF INITIAL OPERATION, SELLER shall receive and provide PECO ENERGY with certification from FERC that the PROJECT is a QUALIFYING FACILITY for the full amount of NET ELECTRIC OUTPUT to be purchased by PECO ENERGY under the AGREEMENT. SELLER shall maintain the PROJECT in compliance with the requirements for a QUALIFYING FACILITY established under PURPA and applicable FERC regulations for the full amount of NET ELECTRIC OUTPUT to be purchased by PECO ENERGY under the AGREEMENT, and any failure by SELLER to so maintain the PROJECT shall be a breach of the AGREEMENT under Section
20.1 hereof.
Qualifying Facility Status. The Rova I Facility and the Rova II Facility shall each be a “Qualifying Cogeneration Facility,” as such term is defined in PURPA, and Borrower shall have obtained the QF Certificate for the Rova I Facility and the QF Certificate for the Rova II Facility each of which shall be in full force and effect and shall reflect Borrower as the owner of the Facilities and Borrower shall have filed a notice with FERC in form and substance satisfactory to Agent in respect of each of the Rova I Facility and the Rova II Facility to reflect LG&E Energy Systems’ guaranty of the Xxxxxxxxxxxx Partner’s obligations under Section 2(g) of the Equity Agreement and FERC shall have taken no action to modify, amend, rescind, vacate or revoke either of such QF Certificates or such notice.
Qualifying Facility Status. Seller covenants that, during the Operating Period and before delivering Net Output to PSE under this Agreement, Seller shall cause the Facility to be a QF. Seller shall provide PSE with copies of the appropriate certification (which may include a FERC self-certification) within five (5) Business Days of filing or receiving the certification. During the Operating Period, Seller shall, to the extent required to prevent Seller from being regulated as a “Public Utility” pursuant to the Public Utility Holding Company Act of 2005 and FERC’s implementing rules and regulations promulgated thereunder, maintain its QF status, and shall not seek to change the Contract Price as a result of its status as a QF. At any time during the term of this Agreement, PSE may require Seller, at Seller’s sole cost, to provide PSE with evidence satisfactory to PSE in its reasonable discretion that the Facility continues to qualify as a QF under all applicable requirements and, if PSE is not satisfied that the Facility qualifies for such status, a written legal opinion from an attorney who is (a) in good standing before a state bar in the United States, and (b) has no economic relationship, association or nexus with the Seller or the Facility, stating that the Facility is a QF and providing sufficient proof (including copies of all documents and data as PSE may request) demonstrating that Seller has maintained and will continue to maintain the Facility as a QF.
