SECTION 3. CAPACITY LIMITATION

RESERVATIONS AVAILABLE FOR ALLOCATION

The amount of Capacity Limitation available for allocation through the application process provided in this Revenue Procedure is limited to the annual Capacity Limitation of 1.8 gigawatts of direct current capacity for each of calendar years 2023 and 2024. As provided in § 1.48(e)-1(g), the annual Capacity Limitation available for allocation is divided across the four facility categories described in § 1.48(e)-1(b)(2). For 2023, the Treasury Department and the IRS plan to reserve the total annual Capacity Limitation of 1.8 gigawatts of direct current capacity as shown in Table 1 below. As described in § 1.48(e)-1(g), the Treasury Department and the IRS may later re-allocate these reservations across facility categories in the event any category is oversubscribed or has excess capacity. In addition, as described in the preamble to the Final Regulations, the Treasury Department and the IRS may adjust this initial reservation of capacity in future guidance as needed to achieve the goals of the Program and ensure an efficient allocation process.

26 CFR 601.201: Rulings and determination letters.