Qualifying Facility Status Sample Clauses

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. 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 or ORS 758.505(8), is repealed or otherwise terminated, this Agreement will remain in full force and effect unless state or federal law mandates termination of this Agreement.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. 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. 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. 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. 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. A Prior to the commencement of Operational Testing of the Linden 6 Facility, Cogen shall obtain and shall thereafter maintain the status of the Existing Plant and the Linden 6 Facility as a single Qualifying Facility; provided, however, that Cogen shall have no obligation to obtain or maintain such Qualifying Facility status for the Linden 6 Facility in the event of Bayway or Bayway's Affiliates failure or inability to take and use steam pursuant to the Steam Agreement in quantities sufficient to maintain the Qualifying Facility status of both the Existing Plant and the Linden 6 Facility. B Cogen shall coordinate the operations of the Existing Plant and the Linden 6 Facility so as to maintain such Qualifying Facility status; provided, however, that solely to the extent necessary to maintain Qualifying Facility status, Cogen may require the net electrical production of the Linden 6 Facility to be reduced to the extent consistent with Prudent Electric Industry Practice prior to any change in the net electrical power production of the Existing Plant.

Qualifying Facility Status. 82 5.12 On-site Generation Facility Status....................................................... 82