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ed energy (cents per kilowatt hour) as a function of—

(i) The available wind resources; (ii) The anticipated performance of the large wind energy system;

(iii) The estimated costs of site acquisition and preparation, wind energy system purchase and installation, interconnection and transmission, and operation and maintenance; and

(iv) The estimated revenues or value to be derived from wind-generated energy;

(3) A marketing plan which identifies prospective purchasers and estimates the volume of sales of wind-generated energy;

(4) An engineering analysis identifying

(i) The optimum location;

(ii) Configuration;

(iii) Expected system performance; and

(iv) Plans for site preparation, transportation of system components to the site, installation, power system interconnection and operation;

(5) A power system integration plan describing

(i) Components and subsystems; and (ii) The schedule and procedures to be undertaken to comply with requirements of relevant regulatory and financial institutions;

(6) A site development plan describing the schedule and procedures for acquiring

(i) Licenses;

(ii) Permits; and

(iii) Any necessary property interests including land, structures, rightsof-way, access roads, and air rights;

(7) An environmental analysis evaluating all potential adverse environmental effects of installation and operation and determining alternative, cost-effective mitigating procedures;

(8) A health and safety analysis identifying occupational and public health and safety issues associated with installation and operation, and determining alternative cost-effective mitigating procedures; and

(9) A financing plan identifying— (i) Sources and amounts of financing for construction and operation;

(ii) A cash flow statement for the first five-years of system operation;

(iii) Assumptions regarding interest rates, tax liabilities, and debt amortization.

(b) The number and type of proposed large wind energy systems to be purchased and installed including meteorological equipment;

(c) The names, addresses, qualifications, and experience of the manufacturers, designers, and installers of the principal components of the proposed large wind energy system, including meteorological equipment;

(d) The number, length, voltage, interconnection, age, condition and location of any transmission lines to be constructed or modified as part of the project, including any new facilities required to put energy from the wind system on line;

(e) Topographical maps, diagrams, site plan, and photographs showing the location of the proposed project;

(f) A statement indicating whether the applicant has applied for or plans to apply for any other Federal assistance to support the proposed project;

(g) A management plan identifying the major tasks involved in completing the project, the qualifications and responsibilities of key personnel, and the estimated schedule of completion, including projected dates for obtaining necessary permits and licenses; and

(h) A title report or other documentary evidence that the applicant will have access to and be authorized to use the proposed site for at least 30 years following the end of the project period.

EFFECTIVE DATE NOTE: Section 417.23 contains information collection requirements which will not be effective until OMB approval has been obtained. Section 417.23 was published at 47 FR 16167, Apr. 15, 1982. § 417.24 Allowable project costs.

(a) Allowable project costs under this subpart shall include all reasonable and necessary expenses of purchasing and installing a large wind energy system. Such costs shall include expenses incurred for site preparation and for purchase, delivery, storage, assembly, installation, and start-up testing of all essential system components, and for the monitoring and reporting

required under § 417.26 of this subpart.

(b) Allowable transmission system costs may not exceed 10 percent of total allowable large wind energy systems costs. If the applicant demonstrates that the existing transmission system is not adequate to transport electricity from a large wind energy system to an electric power grid, the costs of such transmission system may be allowed up to a maximum of 25 percent of total allowable system costs.

§ 417.25 Evaluation criteria.

(a) Based on information provided in the application and on any other information available to DOE, the criteria used to evaluate applications for assistance under this subpart shall include the following:

(1) Wind resource at the proposed site;

(2) The extent of cost-sharing proposed by the applicant;

(3) Demonstrated level of performance and reliability of the proposed large wind energy system;

(4) Technical and economic feasibility;

(5) Institutional and environmental acceptability;

(6) Commercial readiness of the proposed energy system;

(7) Ability of the applicant to manage the project, to finance its share of the purchase and installation costs, and to pay for the operation and maintenance of the completed system; (8) Suitability of the proposed site; and

(9) The relative contribution the proposed large wind system would make to the reduction of unit costs of production and the objectives set forth in section 2(b) of the Act.

(b) Assistance applications for large wind energy systems with an aggregate peak generating capacity of less than 30 megawatts shall be evaluated competitively against each other. Applications proposing projects designed to generate 30 megawatts or more of power shall be competitively evaluated against each other.

§ 417.26 Monitoring and reporting requirements.

(a) For five years after the commencement of normal operation, the assistance recipient shall monitor and report to DOE the following data: (1) Site meteorological data;

(2) System performance and energy produced;

(3) Actual operating and maintenance costs;

(4) Types and quantities of fuel from conventional energy source displaced by the wind-generated energy.

(5) Such other items of data as described in the assistance agreement.

(b) The information required to be reported under this section shall be submitted on a form or consistent with instructions provided by DOE. The reporting frequency established by DOE in the assistance agreement shall not be less frequently than annually nor more frequently than quarterly.

(c) DOE reserves the right to modify the reporting requirements of this section on a case-by-case basis to reflect variations in the nature, size, scope, instrumentation, and management of the assisted project.

(d) The recipient shall make the project site available to authorized DOE employees or agents for the performance, at DOE expense, of on-site sampling, testing, and monitoring.

EFFECTIVE DATE NOTE: Section 417.26 contains information collection requirements which will not be effective until OMB approval has been obtained. Section 417.26 was published at 47 FR 16167, Apr. 15, 1982.

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(a) This part prescribes ments for program measures included in plans and supplemental plans, and guidelines for the development, modification and funding of plans and supplemental plans. It is the purpose of this part to promote the conservation of energy and to reduce the rate of growth of energy demand through the development and implementation of a comprehensive State energy conservation plans program and the provision of Federal financial and technical assistance to States in support of such program.

(b) DOE has the responsibility to foster and promote comprehensive

State energy conservation plans by providing technical and financial assistance for specific State intiatives to conserve and improve efficiency in the use of energy and to encourage the use of renewable resources. Because of the diversity of conditions among the various States and regions of the Nation, a wholly Federally administered program would not be as effective as one which is tailored to meet local requirements and to respond to local opportunities.

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ASHRAE 90-75 means those designated standards developed by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Incorporated, as approved by its Board of Directors on August 11, 1975, to provide design requirements for improvements of energy utilization in new buildings.

Btu means British thermal unit.

British thermal unit means the quantity of heat necessary to raise the temperature of one pound of water one degree Fahrenheit at 39.2 degrees Fahrenheit and one atmosphere of pressure.

Building means any structure which includes provision for a heating or cooling system, or both, or for a hot water system.

Carpool means the sharing of a ride by two or more people in an automobile.

Carpool matching and promotion campaign means a campaign to coordinate riders with drivers to form carpools and/or vanpools.

Commercial building means any building other than a residential building, including any building constructed for industrial or public purposes.

DOE means the Department of Energy.

Energy audit means a survey of a building or buildings that is conducted in accordance with § 420.7(d) and Subpart B of 10 CFR Part 450 and which:

(a) Identifies the type, size, energy use level and the major energy using systems of such building or buildings; (b) Determines appropriate energy conservation maintenance and operating procedures; and

(c) Indicates the need, if any, for the acquisition and installation of energy conservation measures.

Energy conservation means efficient energy use or the utilization of renewable energy resources which results in energy savings based upon a net reduction in the use of non-renewable energy resources.

Energy conservation measure means a measure which is identified as an energy conservation measure in accordance with Subpart D of 10 CFR Part 450.

Energy measure means an energy conservation measure or a renewable

resource energy measure as prescribed in Subpart D of 10 CFR Part 450.

Environmental residual means any pollutant or pollution causing factor which results from any activity.

Exempted building means:

(a) Any building whose peak design rate of energy usage for all purposes is less than one watt (3.4 Btu's per hour) per square foot of floor area for all purposes;

(b) Any building with neither a heating nor cooling system;

(c) Any mobile home; or

(d) Any building owned or leased in whole or in part by the United States.

Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior.

Governor means the chief executive officer of a State and the Mayor of the District of Columbia, or a person duly designated in writing by the Governor to act upon his or her behalf.

Grantee means the State or other entity named in the notice of grant award as the recipient.

Heating, ventilating and air-conditioning means a system that provides heating, ventilation and/or air conditioning within or associated with a building.

HUD minimum property standards means any of the rules and regulations adopted by the Department of Housing and Urban Development establishing minimum acceptable levels of site design, site preparation, exterior and interior appurtenances which standard is applied to single or multifamily housing units which seek assistance under one or more programs administered by the Assistant Secretary for Housing and Mortgage Credit of the Department of Housing and Urban Development.

HVAC means heating, ventilating and air-conditioning.

Industrial plant means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output.

Major building type means a class of buildings within which similar func

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National energy conservation program means a program which is authorized by Federal statute and is wholly implemented by the Federal Government, without the active participation of a State or local government, other than for usual coordination or acknowledgement.

Operations Office Manager means the manager of a DOE Operations Office or his or her designee.

Park-and-ride lot means a parking facility generally located at or near the trip origin of carpools, vanpools and/or mass transit.

Petroleum violation escrow funds. For purposes of exempting petroleum violation escrow funds from the matching requirements of § 420.3(e) and § 420.12(b), "petroleum violation escrow funds" means any funds distributed to the States by the Department of Energy or any court and identified as Alleged Crude Oil Violation funds, together with any interest earned thereon by the States, but excludes any funds designated as "excess funds" under section 3003(d) of the Petroleum Overcharge Distribution and Restitution Act, Subtitle A of Title III of the Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509, and the funds distributed under the "Warner Amendment," section 155 of Pub. L. 97-377.

Plan means a State energy conservation plan including required program measures in accordance with § 420.6 and otherwise meeting the applicable provisions of this part.

Political subdivision means a unit of government within a State, including a county, municipality, city, town, township, parish, village, local public authority, school district, special district, council of governments, or any other regional or intrastate governmental entity or instrumentality of a local

government exclusive of institutions of higher learning and hospitals.

Preferential traffic control means any one of a variety of traffic control techniques used to give carpools, vanpools and public transportation vehicles priority treatment over single occupant vehicles other than bicycles and other two-wheeled motorized vehicles.

Program measure means one or more State actions, in a particular area, designed to effect energy conservation, excluding actions in areas specifically covered by national energy conservation programs.

Public building means any building which is open to the public during normal business hours, except exempted buildings, including:

(a) Any building which provides facilities or shelter for public assembly, or which is used for educational office or institutional purposes;

(b) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retail merchandise;

(c) Any portion of an industrial plant building used primarily as office space; or

(d) Any building owned by a State or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sport arenas, and university buildings.

any

Public transportation means scheduled or nonscheduled transportation service for public use.

Renewable-resource energy measure means a measure which is identified as a renewable resource energy measure in accordance with Subpart D of 10 CFR Part 450.

Residential building means any structure which is constructed for residential occupancy.

Secretary means the Secretary of DOE.

State means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States.

State or local government building means any building owned and primarily occupied by offices or agencies of a State; and any building of a unit of

local government or a public care institution which could be covered by Part H, Title III, of the Energy Policy and Conservation Act, 42 U.S.C. 63726372i.

Supplemental plan means a supplemental State energy conservation plan including required program measures in accordance with § 420.7 and otherwise meeting the applicable provisions of this part.

Transit level of service means characteristics of transit service provided which indicate its quantity, geographic area of coverage, frequency and quality (comfort, travel, time, fare and image).

Urban area traffic restriction means a setting aside of certain portions of an urban area as restricted zones where varying degrees of limitation are placed on general traffic usage and/or parking.

Vanpool means a group of riders using a vehicle, with a seating capacity of not less than eight individuals and not more than fifteen individuals, for transportation to and from their residences or other designated locations and their place of employment, provided the vehicle is driven by one of the pool members.

Variable working schedule means a flexible working schedule to facilitate carpool, vanpool and/or public transportation usage.

[48 FR 39360, Aug. 30, 1983, as amended at 53 FR 52394, Dec. 27, 1988]

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(a) The Operations Office Manager shall provide financial assistance to each State having an approved annual application from funds available for any fiscal year to develop, modify or implement a plan, a supplemental plan, or both.

(b) Financial assistance to develop, implement or modify plans shall be allocated among the States from funds available for any fiscal year, based on the following formula:

(1) Forty percent of available funds will be divided on the basis of the population of the participating States as contained in the most recent census documents available from the Bureau of the Census, Department of Com

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