News & Analysis as of

Electric Generation Suppliers PURPA

Dorsey & Whitney LLP

D.C. Circuit Upholds FERC’s Broadview of PURPA

Dorsey & Whitney LLP on

On February 14, 2023, the D.C. Circuit Court of Appeals upheld FERC’s broad definition of qualifying facilities (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). In Broadview Solar, LLC, 174 FERC ¶...more

Morgan Lewis - Power & Pipes

FERC Allows Cooperatives to Share QF Purchase Obligation

FERC granted a partial waiver requested by a generation and transmission service cooperative (Petitioner) of certain obligations under FERC’s regulations implementing Section 210 of the Public Utility Regulatory Act of 1978...more

Morgan Lewis - Power & Pipes

FERC Amends Definition of Useful Thermal Energy Output

FERC has issued a final rule, Order No. 874, expanding the eligibility criteria for Qualifying Facilities (QFs) as defined under the Public Utility Regulatory Policies Act of 1978 (PURPA) to enable certain fuel cell–based...more

Akin Gump Strauss Hauer & Feld LLP

Divided FERC Abandons Long-Standing Precedent for Determining QF Capacity

On September 1, 2020, a sharply divided Federal Energy Regulatory Commission (FERC or the “Commission”) abandoned its long-standing approach for determining the “power production capacity” of a generation facility seeking...more

Akin Gump Strauss Hauer & Feld LLP

Divided FERC Revamps PURPA Regulations: What the Final Rule Does and Why It Matters

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more

Morgan Lewis - Power & Pipes

FERC Issues Rule to Implement Revisions to PURPA Regulations

FERC has issued a final rule, Order No. 872, revising the Commission’s regulations governing qualifying small power producers and co-generators (collectively, qualifying facilities or QFs) under the Public Utility Regulatory...more

Orrick, Herrington & Sutcliffe LLP

FERC Revisions to PURPA Rules Create Uncertainty For “Qualifying” Renewable and Cogeneration Projects

On July 16, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a final rule that largely adopts FERC’s proposed revisions to its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”)....more

Perkins Coie

FERC Adopts Sweeping Overhaul to its PURPA Regulations

Perkins Coie on

For the first time in 15 years, the Federal Energy Regulatory Commission (FERC) significantly revamped key aspects of its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA). The 490-page final...more

Sheppard Mullin Richter & Hampton LLP

9th Circuit Says CPUC’s Standard Contract and Re-MAT Program for Certain Renewable Generators are not PURPA Compliant

In a recent opinion, the Ninth Circuit held that the California Public Utilities Commission’s (CPUC) Renewable Market Adjusting Tariff (Re-MAT) program and alternative Qualifying Facility (QF) standard offer contract...more

Akin Gump Strauss Hauer & Feld LLP

FERC Eases Small Residential Solar QF Filing Burden for Sunrun

On April 18, 2019, the Federal Energy Regulatory Commission (FERC) granted Sunrun, Inc. (Sunrun) limited waivers of FERC’s filing requirements for obtaining qualifying small power production facility (QF) status under the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

LNG Exports/PURPA Modernization: January 19th U.S. House of Representatives Energy Subcommittee Hearing Scheduled

The United States House of Representatives Energy Subcommittee of the House Energy and Commerce Committee has scheduled a January 19th hearing entitled “Legislation Addressing LNG Exports and PURPA Modernization.”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Utility Regulatory Policies Act (PURPA): December 18th National Association of Regulatory Utility Commissioners Letter...

The National Association of Regulatory Utility Commissioners (“NARUC”) sent a December 18th letter to the Chairman and Members of the Federal Energy Regulatory Commission (“FERC”) advocating changes to the Public Utility...more

Holland & Knight LLP

Court Holds Federal Law Preempts California Regulations Promoting Renewable Energy Projects

Holland & Knight LLP on

• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more

Akin Gump Strauss Hauer & Feld LLP

Lack of Quorum Costs East Kentucky Power Cooperative in PURPA Dispute

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more

Pillsbury Winthrop Shaw Pittman LLP

Financial Hedges for United States Gas-Fired Power Generation Facilities

Over the past few years, many merchant gas-fired power generation plants operating in the regional transmission organization, PJM Interconnection and in the New York Independent Service Operator (NYISO) areas have been...more

Akin Gump Strauss Hauer & Feld LLP

Congressional Republicans Ask FERC to Rethink PURPA

On November 6, 2015, the chairmen of several congressional energy committees and subcommittees sent a letter to the Federal Energy Regulatory Commission (FERC or “Commission”) requesting that FERC convene a technical...more

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