Haw. Code R. § 6-74-9 - Optional procedure for obtaining qualification status
(a) Pursuant to the provisions of this
section, the owner or operator of the facility or any electric utility may file
with the commission an application for commission determination of the
qualifying status of a facility; provided that any grant or denial by the FERC
of an application to the FERC for certification that the facility is a
qualifying facility shall control, and the commission shall not determine a
facility's qualifying status if an application for FERC certification of that
facility is pending at the time of application under this paragraph or has been
granted or denied by the FERC.
(b)
The application shall contain the following information:
(1) The name and address of the applicant and
location of the facility;
(2) A
brief description of the facility, including a statement indicating whether the
facility is a small power production facility or a cogeneration
facility;
(3) The primary energy
source used or to be used by the facility;
(4) The power production capacity of the
facility; and
(5) The percentage of
ownership by any electric utility or by any electric utility holding company,
or by any person owned by either.
(c) An application by a small power producer
for commission determination of qualifying status shall contain the following
additional information:
(1) The location of
the facility in relation to any other small power production facilities located
within one mile of the facility, owned by the applicant which uses the same
energy source; and
(2) Information
identifying any planned usage of gas, oil, or coal.
(d) An application by a cogeneration for
commission determination of qualifying status shall contain the following
additional information:
(1) A description of
the cogeneration system, including whether the facility is a topping or
bottoming cycle and sufficient information to determine that any applicable
requirements under § 6-74-6 will be met; and
(2) The date on which installation of the
facility began, or will begin.
(e) Within ninety days of the filing of an
application, the commission shall issue an order determining the qualifying
status of the facility or setting the matter for hearing. Any order determining
that the facility is not a qualifying facility shall identify the specific
requirements which were not met. If no order is issued within ninety days of
the filing of the complete application, the facility shall be deemed a
qualifying facility.
(f)
Applications for determination of a facility's qualifying status filed under
this section shall be served on any electric utility located on the same island
as the facility and any other electric utility to which the qualifying facility
proposes to supply energy, or capacity, or both. Any person desiring to be
heard or objecting to the granting of qualifying status shall file a petition
to intervene or protest with the commission in accordance with the applicable
provisions of chapter
6-61.
Notes
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