Qualifying Facility. Cogeneration or Small Power Production Facility which meets the criteria as defined in Title 18, Code of Federal Regulations, Section 292.201 through 292.207.
Qualifying Facility. Producer warrants that the Project is a qualifying small power production facility under 16 U.S.C. § 796(17)(C) and 18 C.F.R. part 292, pursuant to the documentation set forth in attachment D hereto and that the project does not use fossil fuels for generation.
Qualifying Facility. Project Manager shall maintain the Facility as a Qualifying Facility at all times during the term of this Agreement.
Qualifying Facility. Each of (i) the approximately 50 megawatt project owned and operated by the Company or one of its Subsidiaries and located at Antioch, California and (ii) the approximately 75 megawatt project owned and operated by the Company or one of its Subsidiaries and located at Bogalusa, Louisiana, meets all requirements for a "qualifying facility" under the Public Utility Regulatory Policies Act of 1978, as amended, the Federal Energy Regulatory Commission regulations implemented thereunder and all administrative and judicial precedents relating thereto, including all applicable requirements as to project size (in megawatts), fuel-type, operating and efficiency standards, ownership and useful thermal output. None of the Company or any of its Subsidiaries owns any other electrical generating facilities.
Qualifying Facility. The Project is a Qualifying ------------------- Facility.
Qualifying Facility. Facility shall acquire its status as a “qualifying facility” pursuant to 18 C.F.R. Part 292 prior to the In-Service Date and maintain such status throughout the Term.
Qualifying Facility. A cogeneration facility or a small power production facility that is a qualifying facility under 18 CFR Part 292, Subpart B, used by a Customer to generate electricity that operates in parallel with the Distribution System. Qualifying Facilities that are not wind and solar may qualify for interconnection with the Utility under provisions of the Public Utilities Regulatory Policies Act (PURPA), but the terms and conditions of interconnection shall be determined on a case-by-case basis.
Qualifying Facility. The Borrower has no knowledge of any facts that would prevent the Facility from being a Qualifying Facility at the time of the initial delivery of energy from the Facility.
Qualifying Facility. (i) The Facility shall be a qualifying cogeneration facility within the meaning of PURPA and the rules and regulations of the FERC set forth at 18 C.F.R. Subpart 292, as amended; and (ii) the Order Granting Application for Certification as a qualifying cogeneration facility issued on October 15, 1993 by FERC (x) shall not have been withdrawn or revoked by subsequent order and the fixed period for judicial or administrative appeal or review thereof shall have expired and (y) shall not be the subject of any pending administrative or judicial proceedings. The Administrative Agent and each Institution shall have received, with a copy for each Bank and the Issuing Bank, a true and complete copy of the FERC order referred to above and of the application therefor, certified by the Borrower as such.
Qualifying Facility. The cogeneration project as owned and operated by RCC meets all requirements for a "qualifying cogeneration facility" under PURPA, the FERC regulations implemented thereunder and all administrative and judicial precedents relating thereto, including without limitation all requirements as to utility ownership, operating and efficiency standards and useful thermal output.
