Page:United States Statutes at Large Volume 92 Part 3.djvu/503

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3135

efficiency, and reliability) as the Commission may, by rule, prescribe; and "(ii) which is owned by a person not primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities); "(D) 'qualifying small power producer' means the owner or operator of a qualifying small power production facility; "(18)(A) 'cogeneration facility' means a facility which produces— " (i) electric energy, and " (ii) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes; "(B) 'qualifying cogeneration facility' means a cogeneration facility which— "(i) the Commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe; and "(ii) is owned by a person not primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities); "(C) 'qualifying cogenerator' means the owner or operator of a qualifying cogeneration facility; "(19) 'Federal power marketing agency' means any agency or instrumentality of the United States (other than the Tennessee Valley Authority) which sells electric energy; " (20) 'evidentiary hearings' and 'evidentiary proceeding' mean a proceeding conducted as provided in sections 554, 556, and 557 of title 5, United States Code; "(21) 'State regulatory authority' has the same meaning as the term 'State commission', except that in the case of an electric utility with respect to which the Tennessee Valley Authority has ratemaking authority (as defined in section 3 of the Public Utility Regulatory Policies Act of 1978), such term means the Tennessee Valley Authority; "(22) 'electric utility' means any person or State agency which sells electric energy; such term includes the Tennessee Valley Authority, but does not include any Federal power marketing agency". SEC. 202. INTERCONNECTION.

Part II of the Federal Power Act is amended by adding the following new section at the end thereof: ((CBRTAIX

INTERCONNECTION

AUTHORITY

"SEC. 210. (a)(1) Upon application of any electric utility. Federal 16 USC 824i. power marketing agency, qualifying cogenerator, or qualifying small power producer, the Commission may issue an order requiring— "(A) the physical connection of any cogeneration facility, any small power production facility, or the transmission facilities of any electric utility, with the facilities of such applicant, "(B) such action as may be necessary to make effective any physical connection described in subparagraph (A), which physical connection is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability.

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