new independent power production facility
(2) The term “new independent power production facility” means a facility that— (A) is used for the generation of electric energy, 80 percent or more of which is sold at wholesale; (B) is nonrecourse project-financed (as such term is defined by the Secretary of Energy within 3 months of November 15, 1990 ); (C) does not generate electric energy sold to any affiliate (as defined in section 79b(a)(11) of title 15) of the facility’s owner or operator unless the owner or operator of the facility demonstrates that it cannot obtain allowances from the affiliate; and (D) is a new unit required to hold allowances under this subchapter.