Section 69-09-07-07 - Procedures for obtaining qualifying status1.Qualification. A small power production facility or cogeneration facility which meets the criteria for qualification set forth in section 69-09-07-03 is a qualifying facility. The owner or operator of any facility qualifying under this subsection shall furnish notice to the commission providing the information set forth in paragraphs 1 through 4 of subdivision b of subsection 2. 2.Optional procedure.a. Application for commission certification. Pursuant to the provisions of this subsection, the owner or operator of the facility may file with the commission an application for commission certification that the facility is a qualifying facility. b. General contents of application. The application shall contain the following information: (1) The name and address of the applicant and the location of the facility; (2) A brief description of the facility, including a statement indicating whether such 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 public utility holding company, or by any person owned by either. c. Additional application requirements for small power production facilities. An application by a small power producer for commission certification 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 [1.61 kilometers] of the facility, owned by the applicant which use the same energy source; and (2) Information identifying any planned usage of natural gas, oil, or coal. d. Additional application requirements for cogeneration facilities. An application by a cogenerator for commission certification 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 section 69-09-07-05 will be met; and (2) The date installation of the facility began or will begin. e. Commission action. Within ninety days of the filing of a complete application, the commission shall issue an order granting or denying the application, tolling the time for issuance of an order, or setting the matter for hearing. Any order denying certification shall identify the specific requirements which are not met. If no order is issued within ninety days of the filing of a complete application, the application shall be deemed to have been granted. 3.Notice requirements for facilities of five hundred kilowatts or more. An electric utility is not required to purchase electric energy from a facility with a design capacity of five hundred kilowatts or more until ninety days after the facility notifies the utility that it is a qualifying facility, or ninety days after the facility has applied to the commission under subsection 2. 4.Revocation of qualifying status.a. The commission may revoke the qualifying status of a qualifying facility which has been certified under this section if such facility fails to comply with any of the statements contained in its application for commission certification. b. Prior to undertaking any substantial alteration or modification of a qualifying facility which has been certified under this section, a small power producer or cogenerator may apply to the commission for a determination that the proposed alteration or modification will not result in a revocation of qualifying status. N.D. Admin Code 69-09-07-07
General Authority: NDCC 49-02-02
Law Implemented: NDCC 49-02-02