Section NR 446.09 - Applicability(1) Except for those units that are excluded under sub. (2), this subchapter applies to the owner or operator of a coal-fired EGU, serving at any time, since the startup of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale.(2) A cogeneration unit which otherwise satisfies the applicability statement of sub. (1) is exempt from this subchapter if the cogeneration unit, during the 12-month period starting on the date the unit first produces electricity and continues to qualify as a cogeneration unit, and which does not serve at any time, since the later of November 15, 1990 or the start-up of the cogeneration unit's combustion chamber, a generator with a nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the cogeneration unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.(3) If a coal-fired EGU qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the exemption requirements of sub. (2) for at least one calendar year, but subsequently no longer meets the exemption requirements, the coal-fired EGU shall become subject to this subchapter starting January 1 of the following calendar year.Wis. Admin. Code Department of Natural Resources NR 446.09
CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08.