Page:United States Statutes at Large Volume 92 Part 3.djvu/513

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3145

(2) shall not discriminate against the qualifying cogenerators or qualifying small power producers. (d) DEFINITION.—For purposes of this section, the terra "incremental cost of alternative electric energy" means, with respect to electric energy purchased from a qualifying cogenerator or qualifying small power producer, the cost to the electric utility of the electric energy which, but for the purchase from such cogenerator or small power producer, such utility would generate or purchase from another source. (e) EXEMPTIONS.—(1) Not later than 1 year after the date of enactment of this Act and from time to time thereafter, the Commission shall, after consultation with representatives of State regulatory authorities, electric utilities, owners of cogeneration facilities and owners of small power production facilities, and after public notice and a reasonable opportunity for interested persons (including State and Federal agencies) to submit oral as well as written data, views, and arguments, prescribe rules under which qualifying cogeneration facilities and qualifying small power production facilities are exempted in whole or part from the Federal Power Act, from the Public Utility Holding Company Act, from State laws and regulations respecting the rates, or respecting the financial or organizational regulation, of electric utilities, or from any combination of the foregoing, if the Commission determines such exemption is necessary to encourage cogeneration and small power production. (2) No qualifying small power production facility which has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), exceeds 30 megawatts may be exempted under rules under paragraph (1) from any provision of law or regulation referred to in paragraph (1), except that any qualifying small power production facility which produces electric energy solely by the use of biomass as a primary energy source, may be exempted by the Commission under such rules from the Public Utility Holding Company Act and from State laws and regulations referred to in such paragraph (1). (3) No qualifying small power production facility or qualifying cogeneration facility may be exempted under this subsection from— (A) any State law or regulation in effect in a State pursuant to subsection (f), (B) the provisions of section 210, 211, or 212 of the Federal Power Act or the necessary authorities for enforcement of any such provision under the Federal Power Act, or (C) any license or permit requirement under part I of the Federal Power Act, any provision under such Act related to such a license or permit requirement, or the necessary authorities for enforcement of any such requirement.

Rules,

16 USC 791a. 15 USC 79.

Ante, pp. 3135, 3137, 3138.

(f) IMPLEMENTATION OF RULES FOR QUALIFYING COGENERATION AND QUALIFYING SMALL POWER PRODUCTION FACILITIES.— (1) Beginning Notice and

on or before the date one year after any rule is prescribed by the hearing. Commission under subsection (a) or revised under such subsection, each State regulatory authority shall, after notice and opportunity for public hearing, implement such rule (or revised rule) for each electric utility for which it has ratemaking authority. (2) Beginning on or before the date one year after any rule is pre- Notice and scribed by the Commission under subsection (a) or revised under such hearing, subsection, each nonregulated electric utility shall, after notice and opportunity for public hearing, implement such rule (or revised rule). (g) JUDICIAL REVIEW AND ENFORCEMENT.—(1) Judicial review may

39-194 O—80—pt, 3

33: QL3

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