Checklist · Energy, Resources & Mining
Qualifying facility question list under PURPA
Questions drawn from the parts of 16 U.S.C. § 824a-3 that were read, including the incremental-cost limit. The list does not decide qualifying-facility status or a purchase obligation.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- United States
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for United States.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a seller claims qualifying-facility status in a power sale. Do not use it for an ordinary bilateral contract where nobody makes that claim.
Used for these tasks
- Draft or review a royalty, streaming or offtake agreement
- Draft the certificate terms in a renewable electricity or low-emissions product offtake
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
Yellow: the lawyer applies section 824a-3 to the facility and decides whether any purchase obligation exists.
AI may
- Record the statutory direction that the Commission's rules require utilities to offer to sell to and purchase from qualifying facilities.
- Record the incremental-cost ceiling and its definition.
- Record the exemption capacity figures that were read, and label them as exemption figures.
AI must not
- Do not decide that a facility is a qualifying facility.
- Do not state that a utility must buy from this seller.
- Do not restate the rest of section 824a-3 past the subsections that were read.
- Do not open section 3(17)(E) from memory. It was not opened.
The lawyer checks
- Read the Commission's current qualifying-facility rules before relying on this statute. Those rules were not opened.
- Apply the incremental-cost definition only to a rate set under a rule prescribed under subsection (a).
- Keep this list out of a contract that does not claim qualifying-facility status.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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