Section 69-09-07-03 - Qualifying facilities - General requirements for qualification1. Small power production facilities. A small power production facility is a qualifying facility if it: a. Meets the maximum size criteria specified in subsection 1 of section 69-09-07-04; b. Meets the fuel use criteria specified in subsection 2 of section 69-09-07-04; and c. Meets the ownership criteria specified in section 69-09-07-06. 2. Cogeneration facilities. Unless excluded under subsection 3, a cogeneration facility is a qualifying facility if it: a. Meets any applicable operating and efficiency standards specified in subsections 1 and 2 of section 69-09-07-05; and b. Meets the ownership criteria specified in section 69-09-07-06. 3. Any cogeneration facility which is a new diesel cogeneration facility may not be a qualifying facility. A new diesel cogeneration facility is a cogeneration facility: a. Which derives its useful power output from a diesel engine; and b. The installation of which began on or after March 13, 1980. 4. Any cogeneration facility which is a new dual-fuel cogeneration facility which seeks to obtain qualifying status must follow the procedures set forth in subsection 2 of section 69-09-07-06. A new dual-fuel cogeneration facility is a cogeneration facility: a. Which derives its useful power output from an internal combustion piston engine capable of changing automatically between gas and oil operation; and b. The installation of which began on or after May 15, 1980. N.D. Admin Code 69-09-07-03
General Authority: NDCC 49-02-02
Law Implemented: NDCC 49-02-02