1. (a) Qualification. A small power production facility or cogeneration facility that meets the criteria for qualification set forth in 23 CAR § 454-203 is a qualifying facility, ipso facto.

2. (b) Optional screening procedure by electric utilities.

   1. (1) General information from all facilities. Subsection (a) of this section notwithstanding, an electric utility may require the following information, in writing, from a facility purporting to be a qualifying small power production facility or cogeneration facility (see also 23 CAR § 454-401(b)(2)(A)):

      1. (A) The name and address of the applicant and location of the facility;
      2. (B) A brief description of the facility, including a statement indicating whether such facility is a small power production facility or a cogeneration facility;
      3. (C) The primary energy source used or to be used by the facility;
      4. (D) The power production capacity of the facility; and
      5. (E) The percentage of ownership by any:

3. (i) Electric utility;

   1. (ii) Electric utility holding company; or

      1. (iii) Subsidiary of either.

   2. (2) Additional information from small power producers. An electric utility may require the following additional information from a small power producer:

      1. (A) The location of the facility in relation to any other small power production facilities:

         1. (i) Located within one (1) mile of the facility; and
         2. (ii) Owned by the applicant facility that uses the same energy source; and

      2. (B) Information identifying any planned usage of:

         1. (i) Natural gas;
         2. (ii) Oil; or
         3. (iii) Coal.

   3. (3) Additional information from cogeneration facilities:

      1. (A) A description of the cogeneration system, including whether the facility is a topping or bottoming cycle and sufficient information to determine that any applicable requirements of 18 C.F.R. § 292.205 will be met; and

      2. (B) The date installation of the facility began or will begin.

         1. (c) Optional certification procedure.

   4. (1)

      1. (A) If an electric utility refuses to treat a facility as a qualifying facility, the facility may file an application for certification as a qualifying facility with the Arkansas Public Service Commission.

      2. (B) The application shall:

         1. (i) Allege that the facility is a qualifying facility as defined by this part; and
         2. (ii) Contain the same information listed in subsection (b) of this section.

   5. (2)

      1. (A) Within ninety (90) days of the filing of an application for certification, the Arkansas Public Service Commission shall issue an order:

         1. (i) Granting or denying the application; or
         2. (ii) Setting the matter for hearing.
      2. (B) Any order denying certification shall identify the specific requirements that were not met.

      3. (C) If no order is issued within ninety (90) days of the filing of a complete application, the application shall be deemed to have been granted.

         1. (d) Revocation of qualifying status.
   6. (1) Because the Federal Energy Regulatory Commission may revoke the qualifying status of a qualifying facility that has been certified under this section if such facility fails to comply with any of the statements contained in its application for Federal Energy Regulatory Commission certification, notice of the revocation must be received by the Arkansas Public Service Commission no later than thirty (30) days after revocation of qualifying status by the Federal Energy Regulatory Commission.
   7. (2) Because a small power producer or cogenerator may apply to the Federal Energy Regulatory Commission for a determination that the proposed alteration or modification of a Federal Energy Regulatory Commission-certified qualifying facility will not result in a revocation of qualifying status, notice of any change in status of a certified qualifying facility must be received by the Arkansas Public Service Commission no later than thirty (30) days after the change in status is determined.

Codification Notes: This section was promulgated as Section 2.7 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules.