---
kind: "section"
citation: "18 C.F.R. § 292.602"
title: "18"
number: "292.602"
heading: "Exemption to qualifying facilities from the Public Utility Holding Company Act of 2005 and certain State laws and regulations."
url: "https://uscodex.org/cfr/18/292.602"
---

# §292.602. Exemption to qualifying facilities from the Public Utility Holding Company Act of 2005 and certain State laws and regulations.

- (a) **Applicability.** This section applies to any qualifying facility described in [§ 292.601(a)](/cfr/18/292.601.md?p=a), and to any qualifying small power production facility with a power production capacity over 30 megawatts if such facility produces electric energy solely by the use of biomass as a primary energy source.
- (b) **Exemption from the Public Utility Holding Company Act of 2005.** A qualifying facility described in [paragraph (a)](#a) of this section or a utility geothermal small power production facility shall be exempt from the Public Utility Holding Company Act of 2005, 42 U.S.C. [16](/usc/42/16.md),[451-63](/usc/42/451-63.md).
- (c) **Exemption from certain State laws and regulations.**
  - (1) Any qualifying facility described in [paragraph (a)](#a) of this section shall be exempted (except as provided in [paragraph (c)(2)](#c-2) of this section) from State laws or regulations respecting:
    - (i) The rates of electric utilities; and
    - (ii) **The financial and organizational regulation of electric utilities.**
  - (2) A qualifying facility may not be exempted from State laws and regulations implementing subpart C.
  - (3) Upon request of a state regulatory authority or nonregulated electric utility, the Commission may consider a limitation on the exemptions specified in paragraph (b)(1) of this section.
  - (4) Upon request of any person, the Commission may determine whether a qualifying facility is exempt from a particular State law or regulation.

## Notes

### Amendments

[45 FR 12237, Feb. 25, 1980, as amended by Order 135, 46 FR 19232, Mar. 30, 1981; Order 671, 71 FR 7869, Feb. 15, 2006; Order 671-A, 71 FR 30589, May 30, 2006; Order 732, 75 FR 15966, Mar. 30, 2010; 77 FR 9842, Feb. 21, 2012]

### Authority

Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.

### Amendments

[45 FR 12237, Feb. 25, 1980, as amended by Order 135, 46 FR 19232, Mar. 30, 1981; Order 671, 71 FR 7869, Feb. 15, 2006; Order 671-A, 71 FR 30589, May 30, 2006; Order 732, 75 FR 15966, Mar. 30, 2010; 77 FR 9842, Feb. 21, 2012]