News & Analysis as of

Electric Generation Suppliers Qualifying Facility

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

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

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

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

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