Haw. Code R. § 6-74-7 - Ownership criteria
(a) A cogeneration
facility or small power production facility shall not be owned by a person
primarily engaged in the generation or sale of electric power (other than
electric power solely from cogeneration facilities or small power production
facilities).
(b) For purposes of
this section, a cogeneration or small power production facility shall be
considered to be owned by a person primarily engaged in the generation or sale
of electric power, if more than fifty per cent of the equity interest in the
facility is held by an electric utility or utilities, or by an electric utility
holding company or companies, or any combination thereof. If a wholly or
partially owned subsidiary of an electric utility or electric utility holding
company has an ownership interest of a facility, the subsidiary's ownership
interest shall be considered as ownership by an electric utility or electric
utility holding company.
Notes
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