The Public Utility Regulatory Policies Act of 1978 (PURPA) was implemented to encourage, among other things,
The conservation of electric energy.
Increased efficiency in the use of facilities and resources by electric utilities.
Equitable retail rates for electric consumers.
Expeditious development of hydroelectric potential at existing small dams.
Conservation of natural gas while ensuring that rates to natural gas consumers are equitable.
One of the ways PURPA set out to accomplish its goals was through the establishment of a new class of generating facilities that would receive special rate and regulatory treatment. Generating facilities in this group are known as qualifying facilities (QFs), and fall into two categories: qualifying small power production facilities and qualifying cogeneration facilities.
A small power production facility is a generating facility of 80 MW or less whose primary energy source is renewable (hydro, wind or solar), biomass, waste, or geothermal resources. Pursuant to 18 C.F.R. § 292.204(a), the power production capacity of any small power production facility, together with the power production capacity of any other small power production facilities that use the same energy resource, are owned by the same person(s) or its affiliates, and are located at the same site, may not exceed 80 megawatts. An affiliated small power production QF located one mile or less from the instant facility is irrebuttably presumed to be at the same site. As of December 31, 2020, an affiliated small power production QF located more than one mile and less than 10 miles from the instant facility is rebuttably presumed to be at a separate site. An affiliated small power production QF located 10 miles or more from the instant facility is irrebuttably presumed to be located at a separate site. There are some limited exceptions to the 80 MW size limit that apply to certain facilities certified prior to 1995 and designated under section 3(17)(E) of the Federal Power Act (FPA) (16 U.S.C. § 796(17)(E)), which have no size limitation. In order to be considered a qualifying small power production facility, a facility must meet all of the requirements of 18 C.F.R. §§ 292.203(a), 292.203(c) and 292.204 for size and fuel use, and be certified as a QF pursuant to 18 C.F.R. § 292.207.
Cogeneration Facility
A cogeneration facility is a generating facility that sequentially produces electricity and another form of useful thermal energy (such as heat or steam) in a way that is more efficient than the separate production of both forms of energy. For example, in addition to the production of electricity, large cogeneration facilities might provide steam for industrial uses in facilities such as paper mills, refineries, or factories, or for HVAC applications in commercial or residential buildings. Smaller cogeneration facilities might provide hot water for domestic heating or other useful applications. In order to be considered a qualifying cogeneration facility, a facility must meet all of the requirements of 18 C.F.R. §§ 292.203(b) and 292.205 for operation, efficiency and use of energy output, and be certified as a QF pursuant to 18 C.F.R. § 292.207. There is no size limitation for qualifying cogeneration facilities.
What Are the Benefits of QF Status?
QFs may enjoy certain benefits under Federal, State, and local laws. The benefits that are conferred upon QFs by Federal law generally fall into three categories:
The right to sell energy or capacity to a utility.
The right to purchase certain services from utilities.
QFs have the right to sell energy and capacity to a utility (see 18 C.F.R. § 304), provided the purchasing utility has not been relieved from its QF purchase obligation (see 18 C.F.R. § 309-311). With limited exceptions, QFs generally have the option of selling to a utility either at the utility's avoided cost or at a negotiated rate. Avoided cost is the incremental cost to an electric utility of electric energy or capacity which, but for the purchase from the QF, such utility would generate itself or purchase from another source (see 18 C.F.R. § 292.101(b)(6)). QFs also generally have the option to sell energy either "as-available" (i.e., as the QF determines such energy to be available for such purchases) or as part of a legally enforceable obligation for delivery of energy or capacity over a specified term.
Right to Purchase Certain Services from Utilities
QFs have the right to purchase supplementary power, back-up power, maintenance power, and interruptible power at rates which are just and reasonable, based on accurate data and consistent system-wide costing principles, and that applies to the utility's other customers with similar load or cost-related characteristics (see 18 C.F.R. § 292.305), provided the selling utility has not been relieved from its QF sales obligation (see 18 C.F.R. § 312 - 313). QFs also have the right to interconnect with a utility by paying a nondiscriminatory interconnection fee approved by the State regulatory authority or a nonregulated electric utility (see 18 C.F.R. § 292.306).
Relief from Regulatory Burdens
The following categories of QFs are exempt from the Public Utility Holding Company Act of 2005 (PUHCA) (see 18 C.F.R. § 292.602):
Cogeneration facilities of any size.
Small power production facilities 30 MW or smaller.
Geothermal and biomass small power production facilities of any size.
Small power production facilities of any size that are designated as "eligible" under section 3(17)(E) of the Federal Power Act (FPA).
The following categories of QFs are exempt from State laws and regulations respecting the rates and financial and organizational aspects of utilities (see 18 C.F.R. § 292.602):
Cogeneration facilities of any size.
Small power production facilities 30 MW or smaller.
Geothermal and biomass small power production facilities of any size.
Small power production facilities of any size that are designated as "eligible" under section 3(17)(E) of the FPA.
The following categories of QFs are largely exempt from most sections (not including sections 205, 206 and certain other sections) of the FPA (see 18 C.F.R. § 292.601):
Cogeneration facilities of any size.
Non-geothermal small power production facilities 30 MW or smaller.
Geothermal small power production facilities of any size.
Small power production facilities of any size that are designated as "eligible" under section 3(17)(E) of the FPA.
The above categories of QFs are further exempt from scrutiny under sections 205 and 206 of the FPA (see 18 C.F.R. § 292.601) if they are:
QFs 20 MW or smaller.
QFs making sales pursuant to a contract executed on or before March 17, 2006.
QFs making sales pursuant to a state regulatory authority's implementation of section 210 of PURPA.
How to Obtain QF Status for Your Facility
An owner or operator of a generating facility with a maximum net power production capacity of greater than 1 MW (1000 kW) may obtain QF status by either submitting a self-certification or applying for and obtaining a Commission certification of QF status, and must do so by completing and electronically filing a Form No. 556 with the Commission. The Form No. 556 can be downloaded, electronically completed, saved to your local computer or local network, and then submitted as an attachment to an eFiling submission (using the Commission's online eFiling system). The instructions on the first pages of the Form No. 556 itself contains additional details on how to file using eFiling. There is no fee with self-certifications, but there is a fee associated with applications for Commission certifications (see our Filing Fees schedule).
Order No. 732 does not require facilities with net capacity of 1 MW or less to make a filing with the Commission to claim QF status, although applicants for such facilities may seek certification if they wish to do so. All facilities (including those that are exempted from filing for QF certification because of their smaller size) must meet certain qualifications in order to be a qualifying facility.
The choice of whether to certify a facility through a self-certification or Commission certification is up to the applicant. In some instances, negotiations with a lender or utility purchaser may proceed more smoothly if the facility has been certified by the Commission.
When eFiling a completed Form No. 556, select one of the following filing types, as appropriate, from the Electric menu when prompted:
(Fee) Application for Commission Cert. (or recert) as Cogeneration QF
(Fee) Application for Commission Cert. (or recert) as Small Power QF
Self-Certification Notice (QF, EG, FC)
Self-Recertification of Qualifying Facility (QF)
Supplemental Information or Request (use this selection if you are supplementing or correcting a filing, whether on your own initiative, or at the request of Commission staff)
If you are required to pay a fee, you will be prompted to submit your fee electronically during the electronic filing process. Filing fees can be paid by check or money order via ACH Credit transfer, wire payment, courier, or mail.
NOTE: QF filings have an associated notice requirement; see the Commission's QF Notice Requirements website for more information
Self-Certification
A self-certification of QF status under 18 C.F.R. § 292.207(a) must include a completed Form No. 556. The Form No. 556 must be downloaded, electronically completed, saved locally to your computer or network drive, and then attached as part of an eFiling submission to the Commission. There is no fee for filing a self-certification. Applicants submitting a self-certification must comply with the Notice Requirements for QF certification applications.
Applicants will be notified of their docket number by email once they have efiled. Keep this number for future reference. You will receive no other document from the Commission for self-certifications.
Applicants for self-certification can locate their filed documents and find their docket number by performing a New Dockets Search in eLibrary.
Application for Commission Certification
An application for Commission certification of QF status under 18 C.F.R. § 292.207(b) must include a completed Form No. 556. The Form No. 556 must be downloaded, electronically completed, saved locally to your computer or network drive, and then attached as part of an eFiling submission. Applicants must submit a filing fee with their application for Commission certification. The eFiling system will not process applications that require filing fees until the appropriate payment is made when prompted (the eFiling system will route the applicant to www.pay.gov to make their payment at the appropriate time during the eFiling submission). Filing fees can be paid by check or money order via ACH Credit transfer, wire payment, courier, or mail. Please visit our Filing Fees page for the most current filing fee. An applicant submitting an application for Commission certification must comply with the Notice Requirements for QF certification applications.
After submitting an application, applicants can locate documents related to their application and find their docket number by performing a New Dockets Search in eLibrary.
Within 90 days of the filing of an application, the Commission will either inform the applicant that the filing is deficient, issue an order granting or denying the application, or issue an order tolling the date for issuing an order addressing the application. Under 18 C.F.R., 292.207(b)(3), if the Commission has not acted upon the application within 90 days of the filing date, it shall be deemed granted.
Notice Requirements
NOTE: All filers (including those submitting self-certifications and those submitting applications for Commission certification) are required to serve notice to the following entities.
Each electric utility with which it expects to interconnect, transmit or sell electric energy to or purchase supplementary, standby, back-up and maintenance power.
The state regulatory authority of each state where the facility and each affected utility is located.
In addition, the Commission will provide notice to the public through a publication in the Federal Register of a description of the filing for the following types of filings. Applicants are not required to provide a draft of these Federal Register notices with their filings. Rather, the Federal Register notice information will be automatically pulled from their electronic Form 556.
Application for Commission certification
Self-certification of an EPAct 2005 “new” cogeneration facility.
Recertification
A QF must file a recertification whenever the qualifying facility “fails to conform with any material facts or representations presented … in its submittals to the Commission.” 18 C.F.R. § 292.207(f).
Among other possible changes in material facts that would necessitate recertification, a small power production QF is required to recertify to update item 8a due to a change at an affiliated facility(ies) one mile or less from its electrical generating equipment. A small power production QF is not required to recertify due to a change at an affiliated facility(ies) listed in item 8a that is more than one mile but less than 10 miles away from its electrical generating equipment, unless that change also impacts any other entries on the Form 556.
Recertification by Solar PV Developers
Due to the unique nature of rooftop solar PV developers, the Commission will permit an alternate option to file their recertification applications as of December 31, 2020. Rather than be required to file for recertification each time the rooftop solar developer adds or removes a rooftop facility, a rooftop solar PV developer may recertify on a quarterly basis. The filing would be due within 45 days after the end of the calendar quarter. However, if in any quarter a rooftop solar PV developer either has no changes or only has changes of power production capacity of 1 MW or less, then it would not be required to recertify until it has accumulated changes greater than 1 MW total over the quarters since its last filing. Additionally, rooftop solar PV developers, like all small power production facilities, will not be subject to protests when they file recertifications that are “administrative only” in nature, but would be subject to such protests when they make substantive changes to the existing certification as detailed below.
Protesting a Form No. 556
As of December 31, 2020, a party may file a protest to a Form No. 556 without being required to file a separate petition for declaratory order and to pay the associated filing fee.
Protests may be made to an initial certification (both self-certification and application for Commission certification) but only to a recertification (both self-recertification and application for Commission recertification) that makes substantive changes to the existing certification and that is filed on or after December 31, 2020. Substantive changes that may be subject to a protest may include, for example, a change in electrical generating equipment that increases power production capacity by the greater of 1 MW or 5% of the previously certified capacity of the QF, or a change in ownership in which an owner increases its equity interest by at least 10% from the equity interest previously reported.
A party has 30 days from the date of filing (as listed in eLibrary) of the Form No. 556 to intervene or file a protest. Protests are submitted through the normal eFiling process for filing protests. The protest must specify facts that make a prima facie demonstration that the facility described in the certification (both self-certification and application for Commission certification) or recertification (both self-recertification or application for Commission recertification) does not satisfy the requirements for QF status. In addition, any protest is required to be adequately supported with any supporting documents, contracts, or affidavits, as appropriate.
QF’s Response to a Protest
If a protest is filed against a QF’s Form No. 556, the QF will automatically receive an email notification through the eSubscription function notifying it that its Form No. 556 has been protested. The QF may file a response to the protest, providing additional information or arguments, within 30 days of the filing of the protest.
The Commission will respond to the protest and any QF answer within 90 days of the date the protest is filed, or can request more information from the protester, the entity seeking QF status, or both. If the Commission requests more information, the time period for the Commission order would be extended to 60 days from the filing of a complete answer to the information request. The Commission also may toll the 90-day period during which the Commission commits to act for one additional 60-day period. Absent Commission action by the date of the expiration of the tolling period, a protest will be deemed denied, and the self-certification or self-recertification will remain effective.
QF Preemptive Defense
As of December 31, 2020, an applicant also has the ability to defend preemptively against subsequent challenges, by identifying factors affirmatively demonstrating that its facility is indeed at a separate site from other affiliated small power production QFs using the same energy resource more than one mile but less than 10 miles from your facility.
Pursuant to 18 C.F.R. § 292.204(a)(2)(i)(C), if affiliated small power production QFs are more than one mile but less than 10 miles apart there is a rebuttable presumption that they are at separate sites. The factors listed below are examples of the factors that the Commission may consider in deciding whether small power production facilities that are owned by the same person(s) or its affiliates are located “at the same site”:
(1) physical characteristics, including such common characteristics as infrastructure, property ownership, property leases, control facilities, access and easements, interconnection agreements, interconnection facilities up to the point of interconnection to the distribution or transmission system, collector systems or facilities, points of interconnection, motive force or fuel source, off-take arrangements, connections to the electrical grid, evidence of shared control systems, common permitting and land leasing, and shared step-up transformers; and (2) ownership/other characteristics, including such characteristics as whether the facilities in question are owned or controlled by the same person(s) or affiliated persons(s), operated and maintained by the same or affiliated entity(ies), selling to the same electric utility, using common debt or equity financing, constructed by the same entity within 12 months, managing a power sales agreement executed within 12 months of a similar and affiliated small power production in the same location, placed into service within 12 months of an affiliated small power production QF project's commercial operation date as specified in the power sales agreement, or sharing engineering or procurement contracts.
A section of the new Form 556, which becomes December 31, 2020, will provide space for an applicant to write this optional, pre-emptive defense.
Major Qualifying Facility (QF) Orders
A listing of major orders listed by docket numbers.
Order No. 874: Fuel Cell Thermal Energy Output Bloom Energy Corporation, issued December 17, 2020.
This Order expands the definition of useful thermal energy output to include the thermal energy that is used by a fuel cell system with an integrated steam hydrocarbon reformation process for production of fuel for electricity generation. While Order No. 874 does not include changes to the FERC Form No. 556 and instructions, it does expand the use of the Form to fuel cell systems that meet the expanded definition.
Order No. 872-A: Order Addressing Arguments Raised on Rehearing and Clarifying Prior Order in Part, issued November 19, 2020.
This Order provides clarifications related to: states’ and nonregulated electric utilities’ use of variable energy rates in QF contracts and availability of utility avoided cost data; the role of independent entities overseeing competitive solicitations; the circumstances under which a small power production QF needs to recertify; application of the rebuttable presumption of separate sites for the purpose of determining the power production capacity of small power production facilities; and the PURPA section 210(m) rebuttable presumption of nondiscriminatory access to markets.
Order No. 872:Qualifying Facility Rates and Requirements Implementation Issues Under the Public Utility Regulatory Policies Act of 1978, issued July 16, 2020.
In this final rule the Commission approves certain revisions to its regulations implementing sections 201 and 210 of PURPA, including: additional flexibility to states in setting QF energy and capacity rates; clarifying criteria for states setting legally enforceable obligations; reducing the size threshold establishing a purchase obligation in certain markets to 5 MW from 20 MW for small power production facilities (it remains unchanged for cogeneration facilities); introducing a rebuttable presumption that affiliated QF facilities between 1 and 10 miles apart using the same energy resource are at separate sites (while affiliated QF facilities one mile apart or less and 10 miles apart or more are irrebuttably presumed to be at the same site and separate sites, respectively); and allowing for protests to new certifications or to substantively changed recertifications without requiring the filing of a declaratory order.
EL19-10-010: The Order grants New England Ratepayers’ Petition finding that, the recently enacted New Hampshire statute, Senate Bill 365 (SB 365), is preempted by the Federal Power Act (FPA) and section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA).
Order No. 732: Revisions to Form, Procedures, and Criteria for Certification of Qualifying Facility Status for a Small Power Production or Cogeneration Facility Notice of Proposed Rulemaking, issued March 19, 2010.
This final rule updates the Commission’s Form 556, used by cogeneration and small power production facilities either to self-certify qualifying facility (QF) status or to apply for Commission certification of QF status. The final rule also revises the Commission’s regulations to remove the contents of Form 556 from the regulations, and in their place to provide that an applicant seeking to certify QF status of a small power production or cogeneration facility must complete, and electronically file, the Form 556 that is in effect at the time of filing. The final rule exempts 1 MW and smaller generating facilities from the Form 556 filing requirement, i.e., the need to file a Form 556 with the Commission, in order to be a QF.
RM09-23-000: Revisions to Form, Procedures, and Criteria for Certification of Qualifying Facility Status for a Small Power Production or Cogeneration Facility Notice of Proposed Rulemaking, issued October 15, 2009.
In this Notice of Proposed Rulemaking (NOPR), the Commission proposes to revise and reformat the FERC Form No. 556 to clarify the content of the form and to take advantage of newer technologies that will reduce both the filing burden for applicants and the processing burden for the Commission. As part of these changes, the Commission proposes to remove the contents of the Form 556 from the regulations, and, in their place, to provide that an applicant seeking to certify qualifying facility (QF) status of a small power production or cogeneration facility must complete and file the Form No. 556 that is in effect at the time of filing. The NOPR also proposes, among other things, to require that an applicant filing a Form 556 submit its form electronically through the Commission's eFiling website, and to exempt from the QF certification requirement generating facilities with net power production capacities of 1 MW or less.
Order No. 688-A(RM06-10): Order on Rehearing regarding New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities, issued June 22, 2007.
The Commission denied rehearing and granted clarification of a Final Rule that implemented section 210(m) of the Public Utility Regulatory Policies Act of 1978. Section 210(m) provides for termination of the requirement that an electric utility enter into a new contract or obligation to purchase electric energy from qualifying cogeneration facilities and qualifying small power production facilities (QFs) if the Commission finds that the QF has nondiscriminatory access to one of three categories of markets.
Order No. 688 (RM06-10): New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities, issued October 20, 2006.
The Commission finalized a rulemaking modifying the mandatory power purchase obligation for electric utilities under the Public Utility Regulatory Policies Act of 1978 (PURPA). The rulemaking implemented a mandate of the Energy Policy Act of 2005. The Commission determined that the Midwest Independent Transmission System Operator, PJM Interconnection, ISO-New England and the New York Independent System Operator provide wholesale markets which meet the statutory criteria for member utilities to qualify for relief from the mandatory purchase obligation. It also established a rebuttable presumption that qualifying facilities (QFs) above 20 Megawatts net capacity have non-discriminatory access to these four markets and that electric utility members should be relieved of their mandatory purchase obligation. The Commission emphasized, however, that it is not terminating the purchase obligation of any utility with the final rule. Electric utilities must file applications for relief and QFs in the above markets may under the rule be able to rebut the presumption of access to markets because of operational characteristics or transmission constraints.
Order No. 671-A(RM05-36): Order on Rehearing regarding Revised Regulations Governing Small Power Production and Cogeneration Facilities, issued May 22, 2006.
Order No. 671-A reaffirms determinations and grants clarification in part of Order No. 671 with respect to the status of QFs under PUHCA 2005.
Order No. 671(RM05-36): Revised Regulations Governing Small Power Production and Cogeneration Facilities, issued February 2, 2006.
Pursuant to section 1253 of the Energy Policy Act of 2005 (EPAct 2005) and section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), Order No. 671 revises 18 CFR parts 131 and 292 to implement amended regulations governing qualifying cogeneration and small power production facilities. Among the most important provisions in Order No. 671 include (1) a requirement that an applicant for an EPAct 2005 cogeneration facility demonstrate that the facility's thermal output is used in a productive and beneficial manner; (2) a requirement that an applicant for an EPAct 2005 cogeneration facility demonstrate that the electrical, thermal, chemical and mechanical output of the facility is used fundamentally for industrial, commercial, residential or institutional purposes, and is not intended fundamentally for sale to an electric utility, taking into account technological, efficiency, economic, and variable thermal energy requirements, as well as state laws applicable to sales of electric energy from a qualifying facility to its host facility; (3) elimination of certain exemptions from regulation that were previously granted to QFs; and (4) elimination of ownership limitations for QFs.
Order No. 575(RM92-12) Final Rule: Streamlining of Regulations Pertaining to Parts II and III of the Federal Power Act and the Public Utility Regulatory Policies Act of 1978, issued January 13, 1995.
Order No. 575 establishes, among other things, the FERC Form No. 556 to be used by applicants to self-certify or to apply for Commission certification of qualifying status for a small power production or cogeneration facility.
Order No. 135(RM81-2) Final Rule: Eligibility, Rates and Exemptions for Qualifying and Utility-Owned Geothermal Small Power Production Facilities, issued March 23, 1981.
Order No. 575 establishes, among other things, the FERC Form No. 556 to be used by applicants to self-certify or to apply for Commission certification of qualifying status for a small power production or cogeneration facility.
Order No. 70-D(RM79-54): Order Amending Regulations, issued September January 28, 1981.
Order No. 70-D enables certain "electric utilities" which are not "primarily engaged in the generation or sale of electric energy" to own up to 100 percent of a qualifying facility.
Order No. 104(RM80-62) Final Rule: Regulations Exempting Mechanical Cogeneration Facilities from the Incremental Pricing Provisions of the Natural Gas Policy Act of 1978, issued October 23, 1980.
Order No. 104 contains rules allowing mechanical cogeneration facilities to obtain exemption from the incremental pricing provisions of the Natural Gas Policy Act of 1978.
Order No. 70-C(RM79-54): Amendment to Order No. 70: Order Granting Rehearing of Order No. 70-B and Amending Regulations, issued September 26, 1980.
Order No. 70-C permits electric utility holding companies found by the Securities and Exchange Commission to be "exempt holding companies" under Sections 3(a)(3) and 3(a)(5) of the Public Utility Holding Company Act to own qualifying cogeneration and small power production facilities.
Order Granting in Part and Denying in Part Rehearing of Order No. 70, and Amending Regulations, issued August 4, 1980.
Amendment to Order Nos. 69 and 70(RM79-54 and RM79-55): Amendment to Small Power Production Order Granting in Part and Denying in Part Rehearing of Order Nos. 59 and 70, and Amending Regulations, issued May 15, 1980.
The Commission's "Order Granting in Part and Denying in Part Rehearing of Orders Nos. 69 and 70 and Amending Regulations," and the "Amendment to Final Rule Providing that Applications for Commission Certification of Qualifying Status Contain a Notice for Publication In the Federal Register" contain clarification and minor revisions of Orders Nos. 69 and 70.
Order No. 70-A(RM79-54): Amendment to Final Rule: Small Power Production and Cogeneration Facilities, issued May 5, 1980.
Order No. 70-A provides that applications for Commission certification of qualifying status pursuant to the rules implementing Section 201 of PURPA contain a notice for publication in the Federal Register.
Environmental Findings(RM79-54 and RM79-55): Small Power Production and Cogeneration Facilities, issued March 31, 1980.
"Environmental Findings; No Significant Impact and Notice of Intent to Prepare Environmental Impact Statement" contains the Commission's environmental assessment of the effect of these regulations. With the exception of new diesel cogeneration facilities, these rules will not significantly affect the environment. The Commission gave notice that it intends to prepare an environmental impact statement evaluating the effects of the increased use of diesel cogeneration that would result from qualification of that technology.
Order No. 70(RM79-54): Final Rule: Small Power Production and Cogeneration Facilities - Qualifying Status, issued March 13, 1980.
Order No. 70 establishes criteria and procedures by which cogeneration or small power production facilities can qualify for the rates and exemptions set forth in Order No. 69. It also establishes the eligibility of qualifying cogeneration facilities for an exemption from incremental pricing of natural gas contained in the Natural Gas Policy Act of 1978.
Order No. 69(RM79-55): Final Rule: Small Power Production and Cogeneration Facilities, issued February 19, 1980.
Order No. 69 contains the rules implementing Section 210 of PURPA. It establishes rates for sales of electric power between qualifying cogeneration and small power production facilities and electric utilities, and establishes exemptions for qualifying facilities from state and federal regulations governing electric utilities.
RM79-54 Interim Rule: Qualification of Gas-Fired Cogeneration Facilities for Purposes of the Incremental Pricing Program, issued November 9, 1979.
The Commission issued an "Interim Rule for Qualification of Gas-Fired Cogeneration Facilities for Purposes of the Incremental Pricing Program" in Docket No. RM79-54 which was later incorporated into Order No. 70.
Order No. 49(RM79-14): Final Rule: Regulations Implementing the Incremental Pricing Provisions of the Natural Gas Act of 1978, issued September 28, 1979.
Order No. 49 contains the Commission's rules implementing the incremental pricing provisions under Title II of the Natural Gas Policy Act of 1978. An exemption was established in this rule for qualifying cogeneration facilities, as defined in the Commission's rules implementing Section 201 of PURPA.
RM79-55: Staff Paper Discussing Commission Responsibilities to Establish Rules Regarding Rates and Exemptions for Qualifying Cogeneration and Small Power Production Facilities Pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978, issued June 26, 1979.
The Staff Discussion Paper sets forth many of the issues facing the Commission in developing regulations under Section 210 of PURPA. It was issued prior to the Notices of Proposed Rulemaking.
Tips for Successful completion of the Form No. 556
If the Form No. 556 link appears to not be working, try right-clicking on the link.
Form 556 Version
A new version of the Form No. 556 incorporating changes approved by the Commission in Orders No. 872 and 872-A will be effective December 31, 2020. Any owner or operator of a generating facility submitting a self-certification or applying for a Commission certification of QF status must use the new version of the Form No. 556 on and after that date.
Size Calculation
Lines 7a-7g request size information in kilowatts. One megawatt equals 1,000 kilowatts. For example, if a generation unit is 5 megawatts in size, it should be described in the form as 5,000 kilowatts in size.
Redaction
Mark Public Redacted on the Form only when there is information to be considered as Privileged or CEII, page 4.
Late-filing
When a form is late-filed (i.e., after the facility has gone into operation as a QF, or after it has undergone significant changes requiring re-certification as a QF), state the reasons for the lateness in the Misc. section, line 19.
Geographic Coordinates and Calculation of Distance Between Facilities
Line 3c requires you to report your facility's geographic coordinates (latitude and longitude).
For line 8a, enter the geographic coordinates at the nearest edges of the electrical generating equipment at the small power production facility seeking QF status and at the affiliated small power production QF using the same energy resource.
The distance between the facility seeking small power production QF status and any affiliated small power production QFs using the same energy resource is to be measured by the distance between the nearest “electrical generating equipment” of each such facility, such that, for the entity seeking QF status to be presumed irrebuttably at a separate site from any affiliated small power production QF, all such equipment of the affiliated small power production QF must be at least 10 miles away from all such equipment of the entity seeking small power production QF status.
As stated in Order No. 872, “electrical generating equipment” refers to all boilers, heat recovery steam generators, prime movers (any mechanical equipment driving an electric generator), electrical generators, photovoltaic solar panels, inverters, fuel cell equipment and/or other primary power generation equipment used in the facility, excluding equipment for gathering energy to be used in the facility. Each wind turbine at a wind facility and each solar panel in a solar facility would be considered “electrical generating equipment” because each wind turbine and each solar panel is independently capable of producing electric energy.
The point used in the distance calculation is from the edge of the electrical generating equipment closest to the affiliated small power production QF’s nearest electrical generating equipment. Thus, for a solar facility, the measurement should be from the edge of the small power production facility seeking QF status’ solar panel or inverter that is closest to the edge of the nearest “electrical generating equipment” of that affiliated small power production QF. For a wind facility, the measurement should be from the edge of the small power production facility seeking QF status’ wind turbine or inverter closest to the edge of the nearest “electrical generating equipment” of the affiliated small power production QF. For a wind facility, the relevant point for measuring distance of an individual wind turbine is the tower (not the projection of the blade’s wingspans onto the ground). Only horizontal distances are taken into consideration (such that elevation changes have no effect on facility distance).
The distances in line 8a and the Distance Calculator are automatically calculated using the coordinates supplied by the applicant and the Haversine formula.
Please report all geographic coordinates with three places beyond the decimal in decimal degrees. Please convert all coordinates reported in degrees, minutes and seconds to decimal degrees using the following formula: decimal degrees = degrees + (minutes/60) + (seconds/3600). All coordinates must be accompanied by a selection from the relevant dropdown menu: North (–) or South (+) for latitude and West (–) or East (+) for longitude. Please contact Commission staff at Form556@ferc.gov if you require assistance.
You may use reliable web-based resources to help you locate the geographic coordinates of your facility as well as the geographic coordinates for the nearest electrical generating equipment at both your facility and any affiliate small power production qualifying facilities. For most applicants, the easiest way to obtain their facility's geographic coordinates is through the use of a web-based map service. In each of the web services below, the values reported for latitude are north latitude if positive (N or +), and south latitude if negative (S or -). The values reported for longitude are east longitude if positive (E or +), and west longitude if negative (W or -).
To assist filers and minimize reporting burden, the Commission is providing some possible resources that may help filers find their facility's geographic coordinates. (Please note that the Commission does not sponsor or promote these entities but mentions them only as potential resources.)
Navigate in Google Maps to your facility and zoom to street level. Right-click the map at the location of your facility and the coordinates of the location at which you right-clicked will be displayed as [latitude],[longitude] in the pop out menu and can be selected to be copied to clipboard. You may also add a pin to the map and the coordinates will be listed in the pin info box.
Navigate in Bing Maps to your facility and zoom to street level. Right-click the map at the location of your facility and the coordinates of the location at which you right-clicked will be displayed as [latitude],[longitude] in the pop out menu box and can be selected to be copied to clipboard. If you add a pushpin on the location then the coordinates will also be listed at the bottom of the info box when that pushpin is selected.
Other Resources
You may also be able or you may to obtain your facility's geographic coordinates for example, using a GPS device (including many GPS-enabled cellphones or PDAs), the Google Earth application, a property survey, various engineering or construction drawings, a property deed, or a municipal or county map showing property lines.
