# 18 CFR § 292.203: General requirements for qualification

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-18-292.203

## Section

- **Citation:** 18 CFR § 292.203
- **Heading:** General requirements for qualification
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 18—Conservation of Power and Water Resources > 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 B—Qualifying Cogeneration and Small Power Production Facilities

## Text

(a) Small power production facilities. Except as provided in paragraph (c) of this section, a small power production facility is a qualifying facility if it:
(1) Meets the maximum size criteria specified in § 292.204(a);
(2) Meets the fuel use criteria specified in § 292.204(b); and
(3) Unless exempted by paragraph (d), has filed with the Commission a notice of self-certification, pursuant to § 292.207(a); or has filed with the Commission an application for Commission certification, pursuant to § 292.207(b)(1), that has been granted.
(b) Cogeneration facilities. A cogeneration facility, including any diesel and dual-fuel cogeneration facility, is a qualifying facility if it:
(1) Meets any applicable standards and criteria specified in §§ 292.205(a), (b) and (d); and
(2) Unless exempted by paragraph (d), has filed with the Commission a notice of self-certification, pursuant to § 292.207(a); or has filed with the Commission an application for Commission certification, pursuant to § 292.207(b)(1), that has been granted.
(c) Hydroelectric small power production facilities located at a new dam or diversion. (1) A hydroelectric small power production facility that impounds or diverts the water of a natural watercourse by means of a new dam or diversion (as that term is defined in § 292.202(p)) is a qualifying facility if it meets the requirements of:
(i) Paragraph (a) of this section; and
(ii) Section 292.208.
(2) [Reserved]
(d) Exemptions and waivers from filing requirement. (1) Any facility with a net power production capacity of 1 MW or less is exempt from the filing requirements of paragraphs (a)(3) and (b)(2) of this section.
(2) The Commission may waive the requirement of paragraphs (a)(3) and (b)(2) of this section for good cause. Any applicant seeking waiver of paragraphs (a)(3) and (b)(2) of this section must file a petition for declaratory order describing in detail the reasons waiver is being sought.
[Order 732, 75 FR 15965, Mar. 30, 2010]

## Nearby sections

- [18 CFR § 292.101 § 292.101 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.101.md)
- [18 CFR § 292.201 § 292.201 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.201.md)
- [18 CFR § 292.202 § 292.202 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.202.md)
- [18 CFR § 292.203 § 292.203 General requirements for qualification.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.203.md)
- [18 CFR § 292.204 § 292.204 Criteria for qualifying small power production facilities.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.204.md)
- [18 CFR § 292.205 § 292.205 Criteria for qualifying cogeneration facilities.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.205.md)
- [18 CFR § 292.207 § 292.207 Procedures for obtaining qualifying status.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.207.md)
- [18 CFR § 292.208 § 292.208 Special requirements for hydroelectric small power production facilities located at a new dam or diversion.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.208.md)
- [18 CFR § 292.209 § 292.209 Exceptions from requirements for hydroelectric small power production facilities located at a new dam or diversion.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.209.md)
- [18 CFR § 292.210 § 292.210 Petition alleging commitment of substantial monetary resources before October 16, 1986.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.210.md)
- [18 CFR § 292.211 § 292.211 Petition for initial determination on whether a project has a substantial adverse effect on the environment (AEE petition).](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.211.md)
- [18 CFR § 292.301 § 292.301 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.301.md)
- [18 CFR § 292.302 § 292.302 Availability of electric utility system cost data.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.302.md)
- [18 CFR § 292.303 § 292.303 Electric utility obligations under this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-18-292.303.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-18-292.203. Check the current official text before relying on it. Not legal advice.