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. 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 Borrower shall maintain the status of the Projects as QFs.
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. 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. 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. Operator shall operate and maintain the Facility so as to maintain its status as a Qualifying Cogeneration Facility.
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.
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”).
QF Status. Seller represents and warrants that the Facility is a Qualifying Facility and that Seller will maintain the Facility’s QF status throughout the Term of this Agreement. At any given time during the Term of this Agreement, NorthWestern may require Seller to provide evidence satisfactory to NorthWestern, in its reasonable discretion, establishing the Facility’s QF qualification.
