Section 69-09-07-04 - Criteria for qualifying small power production facilities1.Size of the facility.a. Maximum size. The power production capacity of the facility for which qualification is sought, together with the capacity of any other facilities which use the same energy resource, are owned by the same person, and are located at the same site, may not exceed eighty megawatts. b. Method of calculation. (1) For purposes of this subsection, facilities are considered to be located at the same site as the facility for which qualification is sought if they are located within one mile [1.61 kilometers] of the facility for which qualification is sought and, for hydroelectric facilities, if they use water from the same impoundment for power generation. (2) For purposes of making the determination in paragraph 1, the distance between facilities shall be measured from the electric generating equipment of a facility. c. Waiver. The commission may modify the application of subdivision b for good cause. 2.Fuel use.a. The primary energy source of the facility must be biomass, waste, renewable resources, or any combination thereof, and more than seventy-five percent of the total energy input must be from these sources. Any primary energy source which, on the basis of its energy content, is fifty percent or more biomass shall be considered biomass. b. Use of oil, natural gas, and coal by a facility may not, in the aggregate, exceed twenty-five percent of the total energy input of the facility during any calendar year period. Energy input in the case of energy in the form of natural gas or oil is to be measured by the lower heating value of the natural gas or oil. N.D. Admin Code 69-09-07-04
General Authority: NDCC 49-02-02
Law Implemented: NDCC 49-02-02