QUALIFYING STATUS. Seller warrants that, at the date of first power deliveries from Seller's Facility ((1)) and during the term of agreement, its Facility shall meet the qualifying facility requirements established as of the effective date of this Agreement by the Federal Energy Regulatory Commission's rules (18 Code of Federal Regulations 292) implementing the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.A. 796, et seq.).
((1)) Underlining identifies those terms which are defined in Section A-1 of Appendix A. S.O. #2 May 7, 1984
QUALIFYING STATUS. The status granted to a CB where recognised by the Management Committee as compliant under this Agreement. Level of recognition for conformant certificates issued by a compliant CB. Acknowledgement by Participants that the evaluation and certification processes carried out by compliant CBs appear to have been carried out in a duly professional manner and meet all the conditions of this Agreement, and the intention to give all resulting conformant certificates equal weight. This acknowledgement may be restricted to specific IT technical domains and to some assurance levels depending on the recognition level of the compliant CB. See Recognition of conformant certificates.
QUALIFYING STATUS. Customer warrants that, as of the Effective Date its Facility is, and covenants that at all times during the term of this Agreement its Facility will continue to be a Qualifying Facility, as that term is defined in PURPA and the regulations thereunder, as PURPA and said regulations may be amended or revised during the Term of this Agreement. Copies of all documents filed by Customer with FERC with respect to the Facility’s status as a Qualifying Facility and any orders, receipts or acknowledgements of filing issued by FERC have been provided to Utility, including without limitation any documents filed or issued pursuant to amendments to PURPA contained in the Energy Policy Act of 2005 and rules adopted pursuant to such amendments. Copies of any documents filed with FERC or issued by FERC with respect to the Facility after the Effective Date will be provided to Utility by Customer within thirty (30) days after any such filing or issuance.
