Whether an energy facility is "placed in service" within the meaning of federal law whenever it can produce and sell some electricity without regard for the level of operation and compliance with laws, as held by the court below in joining the Fifth Circuit, or only after it can produce and sell electricity as intended on a fairly consistent basis, as held by the Eighth Circuit.

Whether an energy facility is 'placed in service' within the meaning of federal law whenever it can produce and sell some electricity without regard for the level of operation and compliance with laws, as held by the court below in joining the Fifth Circuit, or only after it can produce and sell electricity as intended on a fairly consistent basis, as held by the Eighth Circuit