69-09-07-13. Exemption for qualifying facilities.

1. Applicability. This section applies to:

a. Any qualifying cogeneration facility; b. Any qualifying small power production facility which has a power production capacity which does not exceed thirty megawatts; and c. Any qualifying small power production facility which has a power production capacity over thirty megawatts if such facility produces electric energy solely by the use of biomass as a primary energy source.

2. A qualifying facility described in subsection 1 shall not be considered to be an "electric public utility" as defined in subsection 1 of North Dakota Century Code section 49-03-01.5.

3. Any qualifying facility shall be exempted, except as provided in subsection 4, from any state law or regulation respecting: a. The rates of electric utilities; and b. The financial and organizational regulation of electric utilities.

4. A qualifying facility may not be exempted from the provisions of this chapter.

History: Effective June 1, 1981.

General Authority: NDCC 49-02-02