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Major Qualifying Facility (QF) Orders


Order No. 732 PDF: Revisions to Form, Procedures, and Criteria for Certification of Qualifying Facility Status for a Small Power Production or Cogeneration Facility Notice of Proposed Rulemaking, issued March 19, 2010

    This final rule updates the Commission’s Form 556, used by cogeneration and small power production facilities either to self-certify qualifying facility (QF) status or to apply for Commission certification of QF status. The final rule also revises the Commission’s regulations to remove the contents of Form 556 from the regulations, and in their place to provide that an applicant seeking to certify QF status of a small power production or cogeneration facility must complete, and electronically file, the Form 556 that is in effect at the time of filing. The final rule exempts 1 MW and smaller generating facilities from the Form 556 filing requirement, i.e., the need to file a Form 556 with the Commission, in order to be a QF.


RM09-23-000 PDF Revisions to Form, Procedures, and Criteria for Certification of Qualifying Facility Status for a Small Power Production or Cogeneration Facility Notice of Proposed Rulemaking, issued October 15, 2009

    In this Notice of Proposed Rulemaking (NOPR), the Commission proposes to revise and reformat the FERC Form No. 556 to clarify the content of the form and to take advantage of newer technologies that will reduce both the filing burden for applicants and the processing burden for the Commission. As part of these changes, the Commission proposes to remove the contents of the Form 556 from the regulations, and, in their place, to provide that an applicant seeking to certify qualifying facility (QF) status of a small power production or cogeneration facility must complete and file the Form No. 556 that is in effect at the time of filing. The NOPR also proposes, among other things, to require that an applicant filing a Form 556 submit its form electronically through the Commission's eFiling website, and to exempt from the QF certification requirement generating facilities with net power production capacities of 1 MW or less.

Order No. 688-A PDF (RM06-10): Order on Rehearing regarding New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities, issued June 22, 2007

    The Commission denied rehearing and granted clarification of a Final Rule that implemented section 210(m) of the Public Utility Regulatory Policies Act of 1978. Section 210(m) provides for termination of the requirement that an electric utility enter into a new contract or obligation to purchase electric energy from qualifying cogeneration facilities and qualifying small power production facilities (QFs) if the Commission finds that the QF has nondiscriminatory access to one of three categories of markets.

Order No. 688 PDF (RM06-10): New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities, issued October 20, 2006

    The Commission finalized a rulemaking modifying the mandatory power purchase obligation for electric utilities under the Public Utility Regulatory Policies Act of 1978 (PURPA). The rulemaking implemented a mandate of the Energy Policy Act of 2005. The Commission determined that the Midwest Independent Transmission System Operator, PJM Interconnection, ISO-New England and the New York Independent System Operator provide wholesale markets which meet the statutory criteria for member utilities to qualify for relief from the mandatory purchase obligation. It also established a rebuttable presumption that qualifying facilities (QFs) above 20 Megawatts net capacity have non-discriminatory access to these four markets and that electric utility members should be relieved of their mandatory purchase obligation. The Commission emphasized, however, that it is not terminating the purchase obligation of any utility with the final rule. Electric utilities must file applications for relief and QFs in the above markets may under the rule be able to rebut the presumption of access to markets because of operational characteristics or transmission constraints.

Order No. 671-A PDF (RM05-36): Order on Rehearing regarding Revised Regulations Governing Small Power Production and Cogeneration Facilities, issued May 22, 2006

    Order No. 671-A reaffirms determinations and grants clarification in part of Order No. 671 with respect to the status of QFs under PUHCA 2005.

Order No. 671 PDF (RM05-36): Revised Regulations Governing Small Power Production and Cogeneration Facilities, issued February 2, 2006

    Pursuant to section 1253 of the Energy Policy Act of 2005 (EPAct 2005) and section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), Order No. 671 revises 18 CFR parts 131 and 292 to implement amended regulations governing qualifying cogeneration and small power production facilities. Among the most important provisions in Order No. 671 include (1) a requirement that an applicant for an EPAct 2005 cogeneration facility demonstrate that the facility's thermal output is used in a productive and beneficial manner; (2) a requirement that an applicant for an EPAct 2005 cogeneration facility demonstrate that the electrical, thermal, chemical and mechanical output of the facility is used fundamentally for industrial, commercial, residential or institutional purposes, and is not intended fundamentally for sale to an electric utility, taking into account technological, efficiency, economic, and variable thermal energy requirements, as well as state laws applicable to sales of electric energy from a qualifying facility to its host facility; (3) elimination of certain exemptions from regulation that were previously granted to QFs; and (4) elimination of ownership limitations for QFs.

Order No. 575 PDF (RM92-12) Final Rule: Streamlining of Regulations Pertaining to Parts II and III of the Federal Power Act and the Public Utility Regulatory Policies Act of 1978, issued January 13, 1995

    Order No. 575 establishes, among other things, the FERC Form No. 556 to be used by applicants to self-certify or to apply for Commission certification of qualifying status for a small power production or cogeneration facility.

Order No. 135 PDF (RM81-2) Final Rule: Eligibility, Rates and Exemptions for Qualifying and Utility-Owned Geothermal Small Power Production Facilities, issued March 23, 1981

    Order No. 135 implements the Energy Security Act amendments to the Federal Power Act and the Public Utility Regulatory Policies Act of 1978 concerning geothermal small power production facilities. Except with respect to the Public Utility Holding Company Act, this rulemaking implements the Energy Security Act only as it related to geothermal small power production facilities of which a utility owns less than 50 percent.

Order No. 70-D PDF (RM79-54): Order Amending Regulations, issued September January 28, 1981

    Order No. 70-D enables certain "electric utilities" which are not "primarily engaged in the generation or sale of electric energy" to own up to 100 percent of a qualifying facility.

Order No. 104 PDF (RM80-62) Final Rule: Regulations Exempting Mechanical Cogeneration Facilities from the Incremental Pricing Provisions of the Natural Gas Policy Act of 1978, issued October 23, 1980

    Order No. 104 contains rules allowing mechanical cogeneration facilities to obtain exemption from the incremental pricing provisions of the Natural Gas Policy Act of 1978.

Order No. 70-C PDF (RM79-54): Amendment to Order No. 70: Order Granting Rehearing of Order No. 70-B and Amending Regulations, issued September 26, 1980

    Order No. 70-C permits electric utility holding companies found by the Securities and Exchange Commission to be "exempt holding companies" under Sections 3(a)(3) and 3(a)(5) of the Public Utility Holding Company Act to own qualifying cogeneration and small power production facilities.

Order No. 70-B PDF (RM79-54): Amendment to Order No. 70
Order Granting in Part and Denying in Part Rehearing of Order No. 70, and Amending Regulations, issued August 4, 1980

    Order No. 70-B permits gas utility holding companies to own qualifying cogeneration and small power production facilities.

Amendment to Order Nos. 69 and 70 PDF (RM79-54 and RM79-55): Amendment to Small Power Production Order Granting in Part and Denying in Part Rehearing of Order Nos. 59 and 70, and Amending Regulations, issued May 15, 1980

    The Commission's "Order Granting in Part and Denying in Part Rehearing of Orders Nos. 69 and 70 and Amending Regulations," and the "Amendment to Final Rule Providing that Applications for Commission Certification of Qualifying Status Contain a Notice for Publication In the Federal Register" contain clarification and minor revisions of Orders Nos. 69 and 70.

Order No. 70-A PDF (RM79-54): Amendment to Final Rule: Small Power Production and Cogeneration Facilities, issued May 5, 1980

    Order No. 70-A provides that applications for Commission certification of qualifying status pursuant to the rules implementing Section 201 of PURPA contain a notice for publication in the Federal Register.

Environmental Findings PDF (RM79-54 and RM79-55): Small Power Production and Cogeneration Facilities, issued March 31, 1980

    "Environmental Findings; No Significant Impact and Notice of Intent to Prepare Environmental Impact Statement" contains the Commission's environmental assessment of the effect of these regulations. With the exception of new diesel cogeneration facilities, these rules will not significantly affect the environment. The Commission gave notice that it intends to prepare an environmental impact statement evaluating the effects of the increased use of diesel cogeneration that would result from qualification of that technology.

Order No. 70 PDF (RM79-54): Final Rule: Small Power Production and Cogeneration Facilities - Qualifying Status, issued March 13, 1980

    Order No. 70 establishes criteria and procedures by which cogeneration or small power production facilities can qualify for the rates and exemptions set forth in Order No. 69. It also establishes the eligibility of qualifying cogeneration facilities for an exemption from incremental pricing of natural gas contained in the Natural Gas Policy Act of 1978.

Order No. 69 PDF (RM79-55): Final Rule: Small Power Production and Cogeneration Facilities, issued February 19, 1980

    Order No. 69 contains the rules implementing Section 210 of PURPA. It establishes rates for sales of electric power between qualifying cogeneration and small power production facilities and electric utilities, and establishes exemptions for qualifying facilities from state and federal regulations governing electric utilities.

RM79-54 PDF Interim Rule: Qualification of Gas-Fired Cogeneration Facilities for Purposes of the Incremental Pricing Program, issued November 9, 1979

    The Commission issued an "Interim Rule for Qualification of Gas-Fired Cogeneration Facilities for Purposes of the Incremental Pricing Program" in Docket No. RM79-54 which was later incorporated into Order No. 70.

Order No. 49 PDF (RM79-14): Final Rule: Regulations Implementing the Incremental Pricing Provisions of the Natural Gas Act of 1978, issued September 28, 1979

    Order No. 49 contains the Commission's rules implementing the incremental pricing provisions under Title II of the Natural Gas Policy Act of 1978. An exemption was established in this rule for qualifying cogeneration facilities, as defined in the Commission's rules implementing Section 201 of PURPA.

RM79-55 PDF: Staff Paper Discussing Commission Responsibilities to Establish Rules Regarding Rates and Exemptions for Qualifying Cogeneration and Small Power Production Facilities Pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978, issued June 26, 1979

    The Staff Discussion Paper sets forth many of the issues facing the Commission in developing regulations under Section 210 of PURPA. It was issued prior to the Notices of Proposed Rulemaking.




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Updated: February 3, 2012