small power production facility
(17) (A) “small power production facility” means a facility which is an eligible solar, wind, waste, or geothermal facility, or a facility which— (i) produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, geothermal resources, or any combination thereof; and (ii) has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), is not greater than 80 megawatts; (B) “primary energy source” means the fuel or fuels used for the generation of electric energy, except that such term does not include, as determined under rules prescribed by the Commission, in consultation with the Secretary of Energy— (i) the minimum amounts of fuel required for ignition, startup, testing, flame stabilization, and control uses, and (ii) the minimum amounts of fuel required to alleviate or prevent— (I) unanticipated equipment outages, and (II) emergencies, directly affecting the public health, safety, or welfare, which would result from electric power outages; (C) “qualifying small power production facility” means a small power production facility that the Commission determines, by rule, meets such requirements (including requirements respecting fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe; (D) “qualifying small power producer” means the owner or operator of a qualifying small power production facility; (E) “eligible solar, wind, waste or geothermal facility” means a facility which produces electric energy solely by the use, as a primary energy source, of solar energy, wind energy, waste resources or geothermal resources; but only if— (i) either of the following is submitted to the Commission not later than December 31, 1994 : (I) an application for certification of the facility as a qualifying small power production facility; or (II) notice that the facility meets the requirements for qualification; and (ii) construction of such facility commences not later than December 31, 1999 , or, if not, reasonable diligence is exercised toward the completion of such facility taking into account all factors relevant to construction of the facility.