Qualifying Facility Status. (a) Customer-Generator represents and warrants, on a continuing basis, that: (i) the Facility is a “qualifying small power production facility” within the meaning of subsection 3(17)(C) of the Federal Power Act, as amended; and (ii) pursuant to notice filed with FERC under 18 C.F.R. Section 292.207(a), Customer-Generator has received from FERC a certification that the Facility is a “qualifying facility” within the meaning of 18 C.F.R. Section 292.101(b)(1); the representations and statements set forth in such certification are true, accurate and complete as of the date of the certification; and such certification has not been revoked, terminated or cancelled and is in full force and effect from and after the time at which the Facility is or becomes a “qualifying facility”; and (b) From and after the time at which the Facility is or becomes a “qualifying facility,” Customer-Generator shall furnish PSE with such documentation and information as PSE may request to verify Customer-Generator’s representations and warranties set forth in this Section 12.1 (including, but not limited to, copies of the application and certification referred to in (a)(ii) above, together with copies of any correspondence or other communication to or from FERC).
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