(a) General rules. (1) Rates for sales:
(i) Shall be just and reasonable and in the public interest; and
(ii) Shall not discriminate against any qualifying facility in comparison to rates for sales to other customers served by the electric utility.
(2) Rates for sales which are based on accurate data and consistent systemwide costing principles shall not be considered to discriminate against any qualifying facility to the extent that such rates apply to the utility's other customers with similar load or other cost-related characteristics.
(b) Additional services to be provided to qualifying facilities. (1) Upon request of a qualifying facility, each electric utility shall provide:
(i) Supplementary power;
(ii) Back-up power;
(iii) Maintenance power; and
(iv) Interruptible power.
(2) The State regulatory authority (with respect to any electric utility over which it has ratemaking authority) and the Commission (with respect to any nonregulated electric utility) may waive any requirement of paragraph (b)(1) of this section if, after notice in the area served by the electric utility and after opportunity for public comment, the electric utility demonstrates and the State regulatory authority or the Commission, as the case may be, finds that compliance with such requirement will:
(i) Impair the electric utility's ability to render adequate service to its customers; or
(ii) Place an undue burden on the electric utility.
(c) Rates for sales of back-up and maintenance power. The rate for sales of back-up power or maintenance power:
(1) Shall not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on an electric utility's system will occur simultaneously, or during the system peak, or both; and
(2) Shall take into account the extent to which scheduled outages of the qualifying facilities can be usefully coordinated with scheduled outages of the utility's facilities.
Notes of Decisions
In Re Magnesium Corp. of Am., 278 B.R. 698 (Bankr. S.D.N.Y. 2002).
· cites it 8× “The Court determines that under 18 C.F.R. § 292.305 (b)(1), MagCorp is now entitled to Interruptible Service, subject to change if the Utah PSC (which appropriately may consider the matter) later concludes that MagCorp is not entitled to Interruptible Service, by reasons of…”
Massachusetts Inst. of Tech. v. Dep't of Pub. Utils., 684 N.E.2d 585 (Mass. 1997).
· cites it 2× “06, which specifically governs rates for supplementary, back-up, maintenance, and interruptible power to QFs pursuant to 18 C.F.R. § 292.305 (b) (1997). We disagree.”
Mass. Inst. of Tech. v. Mass. Dept. of Pub. Util., 941 F. Supp. 233 (D. Mass. 1996).
· cites it 5× “In this case, the particular FERC rule that MIT claims MDPU has failed to implement is set forth at 18 C.F.R. § 292.305 . It requires that rates established for QFs "(i) [s]hall be just and reasonable and in the public interest; and (ii) [s]hall not discriminate against any…”
Massachusetts Inst. of Tech. v. Massachusetts Dep't of Pub. Utils., 941 F. Supp. 233 (D. Mass. 1996).
· cites it 4× “18 C.F.R. § 292.305 . It requires that rates established for QFs “(i) [s]hall'be just and reasonable and in the public interest; and (ii) [sjhall not discriminate against any qualifying facility in comparison to rates for sales to other customers served by the electric utility.”
Vote Solar v. City of Farmington (D.N.M. 2020).
· cites it 5× “Plaintiffs claim that the Standby Service Riders violate FERC’s rate-setting rules set forth in 18 C.F.R. § 292.305 (a).4 See id. at ¶ 42 .”
Bankston v. Alabama Pub. Serv. Comm'n (M.D. Ala. 2024).
· cites it 4× “For example, FERC’s rules require that rates for sales of power (1) “[s]hall be just and reasonable and in the public interest” and “[s]hall not discriminate against any qualifying facility in comparison to rates for sales to other customers,” 18 C.F.R. § 292.305 (a)(1)(i) &…”
CED Wheatland v. MPSC, 2022 MT 87 (Mont. 2022).
· cites it 2× “However, this does not pertain to rates for sales of services by a utility to a QF, which is addressed in 18 C.F.R. § 292.305 . This section requires rates be just, reasonable, in the public interest, and similar to those paid by other generators, but it does not require rates…”
In re Jt. Application of Westar Energy & Kansas Gas & Elec. Co. (Kan. 2020).
“" 18 C.F.R. § 292.305 (a)(1)(ii) (2019). This history is significant not because it is (or is not) dispositive of the underlying claims about fossil fuels and their relative benefit or harm to society, but because it 7 describes the political, economic, and cultural context…”
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