The provisions of §4279.181 of this chapter apply except for §4279.181(a)(9)(v). In addition, paragraphs (a) and (b) of this section must be met.

(a) The project has been performing at a steady state operating level in accordance with the technical requirements, plans, and specifications, conforms with applicable Federal, State, and local codes, and costs have not exceeded the amount approved by the lender and the Agency.

(b) Where applicable, the lender must provide to the Agency a copy of the executed Power Purchase Agreement.

[79 FR 78255, Dec. 29, 2014, as amended at 83 FR 30833, July 2, 2018]