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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Criteria for determining whether a project is a new facility for the purpose of obtaining a production incentive include:
(1) The project requires a new site license or facility construction permit if it is on Federal lands;
(2) The project requires a new Commercial Use Permit;
(3) The project includes at least one new turbine-generator unit;
(4) The project involves a new sales contract;
(5) The project involves a new site or substantially larger footprint; and
(6) The project is not contiguous to an existing project.
(b) Generally, a new facility will not:
(1) Be permitted only with a Geothermal Drilling Permit;
(2) Be constructed entirely within the footprint of an existing facility; or
(3) Involve only well-field projects such as drilling new wells, increasing injection, and enhanced recovery projects.
Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands: Interior § 43.3212.22 What criteria establish a new facility for the purpose of obtaining a production incentive? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-3212-22/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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