Code of Federal Regulations Title 18. Conservation of Power and Water Resources § 18.292.203 General requirements for qualification

(1) Meets the maximum size criteria specified in § 292.204(a);

(2) Meets the fuel use criteria specified in § 292.204(b);  and

(3) Unless exempted by paragraph (d), has filed with the Commission a notice of self-certification, pursuant to § 292.207(a);  or has filed with the Commission an application for Commission certification, pursuant to § 292.207(b)(1), that has been granted.

(1) Meets any applicable standards and criteria specified in §§ 292.205(a), (b) and (d);  and

(2) Unless exempted by paragraph (d), has filed with the Commission a notice of self-certification, pursuant to § 292.207(a);  or has filed with the Commission an application for Commission certification, pursuant to § 292.207(b)(1), that has been granted.

(1) A hydroelectric small power production facility that impounds or diverts the water of a natural watercourse by means of a new dam or diversion (as that term is defined in § 292.202(p)) is a qualifying facility if it meets the requirements of:

(2) [Reserved]

(1) Any facility with a net power production capacity of 1 MW or less is exempt from the filing requirements of paragraphs (a)(3) and (b)(2) of this section.

(2) The Commission may waive the requirement of paragraphs (a)(3) and (b)(2) of this section for good cause. Any applicant seeking waiver of paragraphs (a)(3) and (b)(2) of this section must file a petition for declaratory order describing in detail the reasons waiver is being sought.