Section 6-74-9 - Optional procedure for obtaining qualification status(a) Pursuant to the provisions of this section, the owner or operator of the facility or any electric utility may file with the commission an application for commission determination of the qualifying status of a facility; provided that any grant or denial by the FERC of an application to the FERC for certification that the facility is a qualifying facility shall control, and the commission shall not determine a facility's qualifying status if an application for FERC certification of that facility is pending at the time of application under this paragraph or has been granted or denied by the FERC.(b) The application shall contain the following information: (1) The name and address of the applicant and location of the facility;(2) A brief description of the facility, including a statement indicating whether the facility is a small power production facility or a cogeneration facility;(3) The primary energy source used or to be used by the facility;(4) The power production capacity of the facility; and(5) The percentage of ownership by any electric utility or by any electric utility holding company, or by any person owned by either.(c) An application by a small power producer for commission determination of qualifying status shall contain the following additional information: (1) The location of the facility in relation to any other small power production facilities located within one mile of the facility, owned by the applicant which uses the same energy source; and(2) Information identifying any planned usage of gas, oil, or coal.(d) An application by a cogeneration for commission determination of qualifying status shall contain the following additional information: (1) A description of the cogeneration system, including whether the facility is a topping or bottoming cycle and sufficient information to determine that any applicable requirements under § 6-74-6 will be met; and(2) The date on which installation of the facility began, or will begin.(e) Within ninety days of the filing of an application, the commission shall issue an order determining the qualifying status of the facility or setting the matter for hearing. Any order determining that the facility is not a qualifying facility shall identify the specific requirements which were not met. If no order is issued within ninety days of the filing of the complete application, the facility shall be deemed a qualifying facility.(f) Applications for determination of a facility's qualifying status filed under this section shall be served on any electric utility located on the same island as the facility and any other electric utility to which the qualifying facility proposes to supply energy, or capacity, or both. Any person desiring to be heard or objecting to the granting of qualifying status shall file a petition to intervene or protest with the commission in accordance with the applicable provisions of chapter 6-61.[Eff 2/18/82; am and comp 5/2/85; am and comp] (Auth: HRS § 269-6) (Imp: HRS § 269-27.2)