18 CFR 292.305 - Rates for sales.
(ii) Shall not discriminate against any qualifying facility in comparison to rates for sales to other customers served by the electric utility.
(2) Rates for sales which are based on accurate data and consistent systemwide costing principles shall not be considered to discriminate against any qualifying facility to the extent that such rates apply to the utility's other customers with similar load or other cost-related characteristics.
(2) The State regulatory authority (with respect to any electric utility over which it has ratemaking authority) and the Commission (with respect to any nonregulated electric utility) may waive any requirement of paragraph (b)(1) of this section if, after notice in the area served by the electric utility and after opportunity for public comment, the electric utility demonstrates and the State regulatory authority or the Commission, as the case may be, finds that compliance with such requirement will:
(c) Rates for sales of back-up and maintenance power. The rate for sales of back-up power or maintenance power:
(1) Shall not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on an electric utility's system will occur simultaneously, or during the system peak, or both; and
Title 18 published on 2014-04-01
no entries appear in the Federal Register after this date.