existing qualifying cogeneration facility

(2) Revised purchase and sale obligation for new facilities (A) After August 8, 2005 , no electric utility shall be required pursuant to this section to enter into a new contract or obligation to purchase from or sell electric energy to a facility that is not an existing qualifying cogeneration facility unless the facility meets the criteria for qualifying cogeneration facilities established by the Commission pursuant to the rulemaking required by subsection (n). (B) For the purposes of this paragraph, the term “existing qualifying cogeneration facility” means a facility that— (i) was a qualifying cogeneration facility on August 8, 2005 ; or (ii) had filed with the Commission a notice of self-certification, self recertification or an application for Commission certification under 18 CFR 292.207 prior to the date on which the Commission issues the final rule required by subsection (n).


16 USC § 824a-3(m)(2)

Scoping language

For the purposes of this paragraph
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