your own electric utility's ability to provide reliable service will be adversely affected during this period, regardless of circumstances pertaining to your electric region, you may present whatever evidence you deem appropriate.

§ 515.7 Evidence required in support of a request for classification.

(a)(1) You must submit a separate request for classification for each facility at a single site. Each request must be in writing, and must be signed by the duly authorized officer of the company that owns, operates or controls the powerplant. Your request must include:

(i) A complete description of the transitional facility;

(ii) A statement of the date on which the contract for the construction or acquisition of the powerplant was signed and a description of the components or services contracted for; and

(iii) A statement of the date on which your powerplant became or is scheduled to become operational.

(2) ERA may request that you submit copies of any contracts concerned with the construction or acquisition of the powerplant.

(3) If your request is made pursuant to § 515.5(d), to document that the unit was completed prior to April 20, 1977, you must submit a certification from a duly authorized officer of the manufacturer to that effect. To document that ownership was transferred prior to April 20, 1977, you must submit evidence which clearly demonstrates the transfer of ownership.

(4) If your request is made pursuant to 515.5(e)(1), to document that the unit was shipped by November 9, 1978, you must submit a statement of the date it was shipped by the manufacturer and either a copy of the bill of lading from the shipment of the prefabricated boiler or combustion turbine or a dated photograph of the prefabricated boiler or combustion turbine after it has been set in place.

(5) If your request is made pursuant to § 515.5(e)(2), to document that the main steam drum was in place by November 9, 1978, you must submit a statement of the date it was in place and either a copy of the bill of lading

for the shipment of the main steam drum or a dated photograph of the main steam drum after it has been set in place.

(b)(1) If you wish to show that you will incur a substantial financial penalty, your request for classification must include the information listed below:

(i) A statement of the total projected project cost of your transitional facility projected as of November 9, 1978;

(ii) An itemized list of the project expenditures as of November 9, 1978;

(iii) An itemized list of any financial penalties you will incur by cancelling or terminating contracts signed as of November 9, 1978, for the project;

(iv) An itemized list of your recoverable expenditures for the project;

(v) An itemized list of the nonrecoverable outlays for the project; and/or

(vi) Any other relevant information you feel ERA should consider in reaching its determination, including information relating to the factors listed in § 515.6(a), above.

(2) You should provide sufficient detail to enable ERA to evaluate your claim of substantial financial penalty. When providing itemized lists, you may aggregate costs of minor items in a reasonable manner, but ERA may require you to specify these costs if the cost categories are too vague or the costs are substantial.

(3) ERA may request that you submit copies of the sections of the engineering design plan and copies of environmental analyses or their summaries which describe in detail the design specifications, the construction schedule and the estimated engineering and contingency costs of the transitional facility.

(c)(1) If you wish to show an adverse effect on electric system reliability, your request for classification must include:

(i) A description of your own service area and its interconnection with other utilities;

(ii) Projections of peakload for your service area during the period of the delay that would be caused by the cancellation or redesign of the transitional facility;

(iii) The net dependable electrical capacity and peak loads for this service area for the 12 months following the expected operational date of the facility, including interconnections (if you are claiming an adverse impact on reliability during a period after the 12 months, you must provide this data for the period commensurate with the time of your anticipated reliability difficulties);

(iv) Your service area's reserve margin during the 1-year period after you expect your proposed powerplant to begin operation; and

(v) Any other relevant information you feel ERA should consider in reaching its determination.

(2) You should provide sufficient detail to enable ERA to evaluate your claim of an adverse effect on electric system reliability.

(3) ERA will conduct the required regional reliability analysis for your electric region. You are invited to assist ERA by providing the additional projected regional load and generation data needed to evaluate the reliability of your electric region. ERA will utilize its own generation and load projection data base if you do not provide the necessary data.

Subpart C-Major Fuel-Burning Installations

§ 515.10 Eligibility.

You are eligible to submit a request to ERA to have your transitional facility classified as "existing" if you can demonstrate to the satisfaction of ERA that a contract for the construction or acquisition of the installation was signed prior to November 9, 1978. § 515.11 Installations automatically considered to be "new."

If a contract for the construction or acquisition of the installation was not signed prior to November 9, 1978, the installation is automatically considered to be "new" and subject to the provisions of Title II of the Act.

[44 FR 69920, Dec. 5, 1979]

§ 515.12 Installations automatically considered to be "existing."

(a) Any installation which was operational on or before April 20, 1977, is automatically classified as "existing" and subject to the provisions of Title III of the Act.

(b) Any installation for which a contract for construction or acquisition was signed prior to November 9, 1978, and which does not have a design capability to consume any fuel at a fuel heat input rate of 100 million BTU's per hour or greater, is automatically classified as “existing” and subject to the provisions of Title III of the Act.

(c) Any installation for which a contract for construction or acquisition was signed prior to November 9, 1978, and which was operational on or before May 8, 1979, is automatically classified as "existing" and subject to the provisions of Title III of the Act upon filing with ERA of a certification. This certification must be made by a duly authorized officer of the installation. This filing will not be deemed by ERA to be a formal request for classification under this part.

(d) Any installation which was completed and for which ownership was transferred from the manufacturer to a purchaser prior to April 20, 1977, shall be automatically classified as "existing" and subject to the provisions of Title III of the Act upon the submission of the evidence required by § 515.15(a)(3).

(e) Any installation for which a contract for construction or acquisition was signed prior to November 9, 1978 and which is:

(1) A prefabricated packaged boiler that was shipped by the manufacturer to the user by November 9, 1978, is automatically classified as "existing" upon the submission of a certification to such effect by a duly authorized officer of the company that owns, operates or controls your installation and the evidence required by § 515.15(a)(4).

(2) A field-erected unit, the main steam drum of which was in place by November 9, 1978, is automatically classified as existing upon the submission of a certification to such effect by a duly authorized officer of the company that owns, operates or controls

your installation and the evidence required by § 515.15(a)(5).

[44 FR 60692, Oct. 19, 1979. Redesignated and amended at 44 FR 69920, Dec. 5, 1979]

§ 515.13 Installations which ERA will classify as "existing.”

ERA will classify an eligible installation as "existing" if you demonstrate to the satisfaction of ERA that the cancellation, rescheduling, or modification of the construction or acquisition of your installation would result in a substantial financial penalty or a significant operational detriment.

(a) Substantial financial penalty. (1) ERA will take into consideration any financially-related factor which you consider appropriate in reaching its determination on substantial financial penalty. If you demonstrate to the satisfaction of ERA that you have expended at least 25 percent of the total projected project cost as of November 9, 1978, ERA will classify your installation as "existing." In computing the 25 percent expenditures, you must include only nonrecoverable outlays expended as of November 9, 1978.

Example: You are constructing a facility which can use either petroleum or coal, and the following outlays have been made and are projected:

In general, ERA would define a maximum of $1,000,000 as a nonrecoverable outlay (oil handling equipment & oil storage) and would probably reduce this amount since certain items would be retained in an alternate fuel-firing system which used oil for startup and ignition. Outlays for the boiler are deemed recoverable, since they could be used in a coal fired facility, even though you would be required to spend an additional amount for pollution control and coal handling and storage facilities. [You may indicate your assessment of the impact of this

additional amount by addressing paragraph (a)(2)(iii) of this section in your request.]

(2) If you have expended at least 25 percent of the total projected project cost, ERA will classify your facility as "existing." If you have expended less than 25 percent under the test set forth above, you may still request classification from ERA. Your request for classification may address, among others, the following factors:

(i) The nonrecoverable outlays you would incur by cancelling, rescheduling or modifying your current proposed installation in order to burn an alternate fuel or fuel mixture;

(ii) The total projected project cost and percentage of completion of the project at November 9, 1978; and

(iii) The impact that cancelling, rescheduling, or modifying your proposed installation would have upon your ability to continue in business as a sound and financially viable entity. (In the case of a subsidiary company, ERA intends to review the financial effect on the parent company unless you can demonstrate to ERA why this would not be justified).

(b) Significant operational detriment. ERA will make its determination under this subsection on a caseby-case basis; however, you should indicate the operational detriment you would have incurred if you had cancelled, rescheduled, or modified your installation to burn an alternate fuel or fuel mixture at November 9, 1978. Your request for classification should address the following factors:

(1) The extent of construction and anticipated start-up date;

(2) The potential impact of the loss of production which could not be rescheduled elsewhere;

(3) The potential impact on employment, including the number and type of jobs lost, excluding those that may be absorbed elsewhere within your parent company; and

(4) The anticipated annual capacity utilization factor of the unit, as well as seasonal or other variations in use.

80-029 0-81--10

§ 515.15 Evidence required in support of a request for classification.

(a)(1) You must submit a separate request for classification for each facility at a single site. Each request must be in writing and must be signed by the duly authorized officer of the company that owns, operates or controls the installation. Your request for classification must include:

(i) A complete description of the transitional facility;

(ii) A statement of the date on which a contract for the construction or acquisition of the installation was signed, and a description of the components or services contracted for; and (iii) A statement of the date on which your installation became or is scheduled to become operational.

(2) ERA may request that you submit copies of any contracts concerned with the construction or acquisition of the installation.

(3) If your request is made pursuant to § 515.12(d), to document that the unit was completed prior to April 20, 1977, you must submit a certification from a duly authorized officer of the manufacturer to that effect. To document that ownership was transferred prior to April 20, 1977, you must submit evidence which clearly demonstrates the transfer of ownership.

(4) If your request is made pursuant to § 515.12(e)(1), to document that the unit was shipped by November 9, 1978, you must submit a statement of the date it was shipped by the manufacturer and either a copy of the bill of lading for the shipment of the prefabricated boiler or a dated photograph of the prefabricated boiler after it has been set in place.

(5) If your request is made pursuant to § 515.12(e)(2), to document that the main steam drum was in place by November 9, 1978, you must submit a statement of the date it was in place and either a copy of the bill of lading for the shipment of the main steam drum or a dated photograph of the main steam drum after it has been set in place.

(b)(1) If you wish to show that you will incur a substantial financial penalty, your request for classification must include:

(i) A statement of the total projected project cost of your transitional facility projected as of November 9, 1978;

(ii) An itemized list of the project expenditures as of November 9, 1978;

(iii) An itemized list of any financial penalties you will incur by cancelling or terminating contracts for the project signed as of November 9, 1978;

(iv) An itemized list of your recoverable expenditures for the project; (v) An itemized list of the nonrecoverable outlays for the project; and/or

(vi) Any other relevant information you feel ERA should consider in reaching its determination, including information relating to the factors listed in § 515.13(a), above.

(2) You should provide sufficient detail to enable ERA to evaluate your claim of substantial financial penalty. When providing itemized lists, you may aggregate costs of minor items in a reasonable manner, but ERA may require you to specify these costs if the cost categories are too vague or the costs are substantial.

(3) ERA may request that you submit copies of the sections of the engineering design plan and copies of environmental analyses or their summaries which describe in detail the design specifications, the construction schedule and the estimated engineering and contingency costs of the transitional facility.

(c) If you wish to show that you will incur a significant operation detriment, your request for classification should include any relevant information you feel ERA should consider in reaching its determination, including information relating to the factors listed in § 515.13(b), above. You should provide sufficient detail to enable ERA to evaluate your claim of significant operational detriment.

(d) ERA may request any additional evidence it deems necessary to adequately review your request for classification.

tional Facilities. These definitions are not applicable to and may differ from the definitions promulgated or to be promulgated under other regulations implementing FUA.

(b) Throughout this part, the "Act" or "FUA" means the Powerplant and Industrial Fuel Use Act of 1978.

(c) Unless otherwise expressly provided; for purposes of this part of these regulations, the term:

(1) "Alternate fuel" means electricity or any fuel, other than natural gas or petroleum. The term includes:

(i) Coal;

(ii) Solar energy;

(iii) Petroleum coke, shale oil, uranium, biomass, and municipal, industrial, or agricultural wastes, wood and renewable and geothermal energy sources;

(iv) Liquid, solid, or gaseous waste byproducts of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity;

(v) Any fuel derived from an alternate fuel; and

(vi) Waste gases from industrial operations.

(2) "Btu" means British thermal unit.

(3) "Coal" means anthracite, bituminous and sub-bituminous coal, lignite, and any fuel derivative thereof.

(4) "Conference" means an informal meeting, incident to any proceeding, between ERA and any interested person.

(5) "Construction" means substantial construction in terms of an actual and meaningful commitment to building the powerplant or MFBI, and includes more than merely clearing a site or putting in foundation pilings for the unit.

(6) "Contract for construction or acquisition" means a legally-binding agreement or agreements for substantial onsite construction or reconstruction, or for the purchase or rental of significant equipment or appurtenances required for the construction or operation of a powerplant or MFBI, including, but not necessarily limited to, the boiler and its major components, fuel-handling equipment and pollution control equipment. This term shall not include contracts for

the purchase of land, site clearance or preparation, or the installation of foundation pilings.

(7) "Duly authorized officer" means the Chief Executive Officer or his designee of a company that owns, operates or controls a facility.

(8) "Duly authorized representative" means a person who has been designated to appear before ERA in connection with a proceeding on behalf of a person interested in or aggrieved by that proceeding. The appearance may consist of the submission of applications, requests, statements, memoranda of law, other documents, or of a personal appearance, oral communication, or any other participation in the proceeding.

(9) "Electric powerplant" means any stationary electric generating unit, consisting of a boiler, a combustion turbine unit, a generator or a combined cycle unit, which produces electric power for purposes of sale or exchange, and:

(i) Has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu's per hour or greater.

(ii) As used herein, the term "electric generating unit" does not include

(A) Any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission; and

(B) Any cogeneration facility, less than half of the annual electric power generation of which is sold or exchanged for resale.

(10) "Electric region"-The following is a list of electric regions for use with regard to this part. The regions are identified by FERC Power Supply areas as authorized by section 202(a) of the Federal Power Act except where noted.

(i) Each grouping meets one or more of the following criteria:

(A) Existing centrally-dispatched pools and hourly power brokers;

(B) Systems with joint planning and construction agreements;

(C) Systems with coordination agreements in the areas of:

(1) Generation reserve and system reliability criteria;

(2) Capacity and energy exchange policies;