SECTION 3. SCOPE

.01. The safe harbor in section 4 of this revenue procedure applies to any ESPC ESA between an ESCO and a FA for the provision of electricity through an alternative energy facility, as defined in

§ 7701(e)(3)(D), that satisfies the requirements of 42 U.S.C § 8287 and OMB Memorandum M–12–21. It may not be relied upon, in whole or part, for any other kind of transaction. .02. The safe harbor provided in section 4 of this revenue procedure applies only if all the requirements of section 4 are satisfied. .03. The safe harbor provided in section 4 of this revenue procedure provides guidance to ESCO taxpayers that are establishing or participating in an ESPC ESA with a FA in lieu of providing a letter ruling to those ESCO taxpayers. Therefore, the Service will not rule on whether an ESPC ESA between an ESCO and FA will be considered a service contract under § 7701(e)(3).