C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER K—REGULATIONS UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 › PART 292—REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION › Subpart D—Implementation

18 C.F.R. § 292.402

Waivers

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(a) State regulatory authority and nonregulated electric utility waivers. Any State regulatory authority (with respect to any electric utility over which it has ratemaking authority) or nonregulated electric utility may, after public notice in the area served by the electric utility, apply for a waiver from the application of any of the requirements of subpart C (other than § 292.302 thereof).

(b) Commission action. The Commission will grant such a wavier only if an applicant under paragraph (a) of this section demonstrates that compliance with any of the requirements of subpart C is not necessary to encourage cogeneration and small power production and is not otherwise required under section 210 of PURPA.

[45 FR 12236, Feb. 25, 1980. Redesignated by Order 541, 57 FR 21734, May 22, 1992]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2022 · leading case: Resolute Wind 1 LLC v. N.M. Pub. Regul. Comm'n (N.M. 2022).
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Resolute Wind 1 LLC v. N.M. Pub. Regul. Comm'n (N.M. 2022). · cites it 2× “See 18 C.F.R. § 292.402 (a). However, the utility must provide public notice that it is seeking the waiver.”
Resolute Wind 1 LLC v. N.M. Pub. Regul. Comm'n (N.M. 2022). · cites it 2× “See 18 C.F.R. § 292.402 (a). However, the utility must provide public notice that it is seeking the waiver.”
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