18 C.F.R. § 292.203 General requirements for qualification.
Title 18 - Conservation of Power and Water Resources
(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) 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 operating and efficiency standards specified in §292.205(a) and (b); and (2) 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] [45 FR 17972, Mar. 20, 1980, as amended by Order 70–E, 46 FR 33027, June 26, 1981; 52 FR 5280, Feb. 20, 1987; 52 FR 9161, Mar. 23, 1987; Order 478, 52 FR 28467, July 30, 1987; Order 499, 53 FR 27002, July 18, 1988; Order 541, 57 FR 21734, May 22, 1992; Order 671, 71 FR 7868, Feb. 15, 2006]
Title 18: Conservation of Power and Water Resources
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
§ 292.203 General requirements for qualification.

