qualifying criteria
Defined in 1 dictionary — U.S. Code
United States Code
16 U.S.C. § 823A — for purposes of this section (6 versions over time)
The term "qualifying criteria" means, with respect to a facility—
(i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit;
(ii) the facility has an installed capacity that does not exceed 40 megawatts; and
(iii) on or before August 9, 2013, the facility is not licensed under, or exempted from the license requirements contained in, this subchapter.
Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this subchapter, including any license requirements contained in this subchapter, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order—
16 U.S.C. § 823e — for purposes of this section
The term "qualifying criteria" means, with respect to a facility—
(A) as of October 23, 2018, the facility is not licensed under, or exempted from the license requirements contained in, this subchapter;
(B) the facility will be associated with a qualifying nonpowered dam;
(C) the facility will be constructed, operated, and maintained for the generation of electric power;
(D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and
(E) the operation of the facility will not result in any material change to the storage, release, or flow operations of the associated qualifying nonpowered dam.