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Code · CFR · Title 18 — Conservation of Power and Water Resources · Part 292 — Regulations Under Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 with Regard to Small Power Production and Cogeneration · § 292.602

§ 292.602. Exemption to qualifying facilities from the Public Utility Holding Company Act of 2005 and certain State laws and regulations.

315 words·~1 min read·/us/cfr/t18/s§ 292.602·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Applicability. This section applies to any qualifying facility described in § 292.601(a), and to any qualifying small power production facility with a power production capacity over 30 megawatts if such facility produces electric energy solely by the use of biomass as a primary energy source.
(b)Exemption from the Public Utility Holding Company Act of 2005. A qualifying facility described in paragraph
(a)of this section or a utility geothermal small power production facility shall be exempt from the Public Utility Holding Company Act of 2005, 42 U.S.C. 16,451-63.
(c)Exemption from certain State laws and regulations.
(1)Any qualifying facility described in paragraph
(a)of this section shall be exempted (except as provided in paragraph (c)(2) of this section) from State laws or regulations respecting:
(i)The rates of electric utilities; and
(ii)The financial and organizational regulation of electric utilities.
(2)A qualifying facility may not be exempted from State laws and regulations implementing subpart C.
(3)Upon request of a state regulatory authority or nonregulated electric utility, the Commission may consider a limitation on the exemptions specified in paragraph (b)(1) of this section.
(4)Upon request of any person, the Commission may determine whether a qualifying facility is exempt from a particular State law or regulation. (Energy Security Act, Pub. L. 96-294, 94 Stat. 611
(1980)Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601, et seq., Energy Supply and Environmental Coordination Act, 15 U.S.C. 791, et seq., Federal Power Act, as amended, 16 U.S.C. 792 et seq., Department of Energy Organization Act, 42 U.S.C. 7101, et seq.; E.O. 12009, 42 FR 46267) \[45 FR 12237, Feb. 25, 1980, as amended by Order 135, 46 FR 19232, Mar. 30, 1981; Order 671, 71 FR 7869, Feb. 15, 2006; Order 671-A, 71 FR 30589, May 30, 2006; Order 732, 75 FR 15966, Mar. 30, 2010; 77 FR 9842, Feb. 21, 2012\]
Connections7 cite this · traces to 5
2 references not yet in our index
  • Pub. L. 96-294
  • 94 Stat. 611
Citation graph
cites case law
§ 292.602
Exemption to qualifying facilities from the Public Utility Holding Company Act of 2005 and certain State laws and regulations.
Fed. Reg.×7
U.S.C.§ 16
U.S.C.§ 2601
U.S.C.§ 791
U.S.C.§ 792
U.S.C.§ 7101
Pub. L.Pub. L. 96-294
Stat.94 Stat. 611
Cites 7Cited by 7 across 1 source
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