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Understanding the Legal Definition of a Qualifying Cogeneration Facility
Definition & Meaning
A qualifying cogeneration facility is a type of energy production facility that generates both electricity and useful thermal energy from the same energy source. To be classified as such, the facility must meet specific criteria set by the Federal Energy Regulatory Commission (FERC). These criteria include minimum size, fuel use, and fuel efficiency requirements. Additionally, the facility must be owned by an entity that is not primarily engaged in the generation or sale of electric power, except for power generated from cogeneration or small power production facilities.
Table of content
Legal Use & context
The term "qualifying cogeneration facility" is primarily used in energy regulation and law. It is relevant in contexts involving energy production, environmental compliance, and utility regulation. Legal practitioners may encounter this term when dealing with energy contracts, regulatory filings, or compliance issues related to energy efficiency and sustainability. Users can manage some related procedures using legal templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A manufacturing plant installs a cogeneration system that uses natural gas to produce electricity for its operations while also capturing waste heat for its heating needs. This facility qualifies as a qualifying cogeneration facility because it meets the ownership and operational criteria.
Example 2: A university campus implements a cogeneration system that generates electricity and provides heating for its buildings. The university, primarily an educational institution, qualifies as a qualifying cogeneration facility under the applicable regulations. (hypothetical example)
Relevant laws & statutes
The primary statute governing qualifying cogeneration facilities is found in 16 USCS § 796 (18). This statute outlines the definition and requirements for qualifying facilities, ensuring they meet specific operational standards.
State-by-state differences
State
Key Differences
California
Has additional state-specific incentives for qualifying facilities, including rebates and tax credits.
Texas
Regulations may vary regarding the interconnection with the grid and incentives for renewable energy sources.
New York
Offers specific programs to promote cogeneration facilities as part of its energy efficiency initiatives.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Cogeneration Facility
A facility that produces electricity and useful thermal energy from a single energy source.
Qualifying cogeneration facilities must meet specific FERC criteria.
Small Power Production Facility
A facility that generates energy primarily from renewable resources.
Qualifying cogeneration facilities can use various fuels, not limited to renewable sources.
Common misunderstandings
What to do if this term applies to you
If you believe your facility qualifies as a qualifying cogeneration facility, consider the following steps:
Review the criteria set by FERC to ensure compliance.
Consult with an energy attorney or regulatory expert to understand your obligations and benefits.
Explore US Legal Forms for templates related to energy production agreements or regulatory filings.
If your situation is complex, seeking professional legal assistance is advisable.
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