Exempt Wholesale Generator Status (7-FD-d)
Exempt Wholesale Generator Status Process
7-FD-d.1 - Notice of Self-Certification
A developer seeking Exempt Wholesale Generator Status may file a Notice of Self-Certification with the Federal Energy Regulatory Commission (FERC) demonstrating that the developer satisfies the definition of Exempt Wholesale Generator. The Notice of Self-Certification must be subscribed, consistent with 18 C.F.R. § 385.2005(a). A person filing a Notice of Self-Certification in good faith will have temporary EWG status.
7-FD-d.2 - File Copy of Notice of Self-Certification with State Regulatory Authority
The developer filing the Notice of Self-Certification must also file a copy of the Notice of Self-Certification with the state regulatory authority in the state where the facility is located. The developer must represent to FERC in its submittal that the developer has filed a copy of the Notice of Self-Certification with the state regulatory authority in the state where the facility is located.
7-FD-d.3 - Publish Notice of Self-Certification in Federal Register
FERC publishes notice of the filing of a Notice of Self-Certification in the Federal Register. As such, the developer must file the Notice of Self-Certification in a form suitable for publication in the Federal Register as described in 18 C.F.R. § 385.203(d).
7-FD-d.4 - Does FERC Take Action within 60 Days After the Filing?
If FERC does not take action within 60 days from the date of the filing of the Notice of Self-Certification, the Self-Certification is automatically granted to the developer and the developer obtains EWG status.
7-FD-d.5 to 7-FD-d.6 - Does FERC Toll for Additional Information or Further Consideration?
FERC may toll the 60 day period to make a determination to request additional information or for further consideration of the request. If FERC tolls the 60 day period, the developer's EWG status will remain temporary until such time when FERC determines whether to grant or deny EWG status.
7-FD-d.7 - Make Determination on Notice of Self-Certification (If Necessary)
If a state regulatory authority must make a determination on the Notice of Self-Certification, the EWG status will remain temporary until the state regulatory authority has made any necessary determinations. The Notice of Self-Certification should state whether a state regulatory authority needs to make any determinations.
7-FD-d.8 - Exempt Wholesale Generator Certification
After FERC and any state regulatory authority (if necessary) make a determination on the Notice of Self-Certification, the developer receives EWG status.
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