News & Analysis as of

Energy Sector PURPA

Troutman Pepper

Ninth Circuit Finds that PURPA Gives FERC Broad Implementation Discretion, But Remands New Qualifying Facility Rules for Lack of...

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On September 5, 2023, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in Solar Energy Industries Association v. FERC, held that the Public Utility Regulatory Policy Act (“PURPA”) gives FERC broad discretion...more

Holland & Knight LLP

In Blow to Renewables, Ninth Circuit Mostly Upholds FERC's PURPA Reforms

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The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal...more

Davis Wright Tremaine LLP

D.C. Circuit Upholds FERC’s “Send-Out” Approach to PURPA

In a win for independent power producers, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit" or the "Court") recently affirmed the Federal Energy Regulatory Commission's ("FERC's") "send-out"...more

Troutman Pepper

D.C. Circuit Upholds FERC Interpretation of PURPA Size Limitation Based on “Send out” to Point of Interconnection

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On February 14, 2023, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s March 2021 order granting Broadview Solar, LLC’s (“Broadview”) hybrid solar and battery project...more

Husch Blackwell LLP

D.C. Circuit Upholds FERC’s Net Output Measure for Qualifying Facility Maximum Size Calculation

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On February 14, 2023, the U.S. Court of Appeals for the D.C. Circuit upheld the Federal Energy Regulatory Commission’s (FERC) method for calculating the size of a small power production qualifying facility (QF) under PURPA as...more

Dorsey & Whitney LLP

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

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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

Locke Lord LLP

Generating Debate: D.C. Circuit Affirms ‎That AC Output Determines PURPA Eligibility, ‎While Dissent ‎Decries Chevron Maximalism

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On February 14, 2023, a divided D.C. Circuit panel affirmed FERC’s March 2021 ruling that the power output capacity of a generating facility – not the nameplate capacity of its component parts – determines its eligibility as...more

Troutman Pepper

FERC Declines to Act on California Rooftop Solar PURPA Petition

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On October 25, 2022, FERC declined to act on a petition for enforcement against California’s rules for solar installations implemented pursuant to the Public Utility Regulatory Policies Act (“PURPA”). As a result, ongoing...more

Stoel Rives - Renewable + Law

Updated FERC Guidance on Qualifying Facility Certifications

FERC issued two notable orders this spring in Irradiant Partners, LP (Docket No. EL22-8-000) and Dalreed Solar (Docket No. QF20-1037-002) that provide further guidance on qualifying facility (QF) certifications.  Here are the...more

Troutman Pepper

FERC Revises Filing Requirements for Certain Small Hydroelectric Facilities

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On July 15, 2021, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued a Final Rule amending its regulations pertaining to: (1) the information required to be filed with a notice of intent to construct a...more

Akin Gump Strauss Hauer & Feld LLP

Tenth Circuit Avoids Circuit Split in PURPA Dispute, Revives Federal Suit

In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more

Allen Matkins

Renewable Energy Update - March 2021 #4

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U.S. pledges to slash solar energy costs by 60% in a decade - U.S. News & World Report – March 25 - The Biden administration on Thursday set a goal to cut the cost of solar energy by 60% over the next decade as part...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reverts to Its Traditional Analysis for Determining “Power Production Capacity” of Small Power Production QFs

On March 19, 2021, a divided Federal Energy Regulatory Commission (FERC or the “Commission”) reverted to its long-standing “send out” analysis for determining the “power production capacity” of a small power production...more

Holland & Knight LLP

Full Speed Ahead: FERC Reaffirms Distributed Resource Entry into Regional Energy Markets

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On March 18, 2021, in Order 2222-A, the Federal Energy Regulatory Commission (FERC) largely reaffirmed its seminal Order 2222, which dramatically relaxed barriers to aggregated distributed energy resource (DER) participation...more

Troutman Pepper

FERC Reverses September 2020 Order, Reinstating Long-Standing “Send Out” Test for Small Power Production QF 80MW Threshold

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On March 19, 2021, FERC set aside a September 1, 2020 order (“September Order”) that had upended 40 years’ worth of FERC precedent regarding how to determine the 80MW threshold for small power production qualifying facilities...more

Balch & Bingham LLP

FERC Reverses Course on QF Power Production Capacity Standard

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On March 19, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order returning to its longtime standard used to determine a generating facility’s “power production capacity” for purposes of certification as a...more

Locke Lord LLP

FERC Clarifies That the 80 MW Threshold for a Small Power Production QF Is Measured ‎Based on the Maximum Output That Can Be...

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Under Public Utility Regulatory Policies Act of 1978 (“PURPA”)‎ and section 292.207(b) of the ‎Commission’s regulations, a small power production Qualifying Facility (“QF”) cannot exceed ‎‎80 megawatts (“MW”) at a single...more

Troutman Pepper

House Introduces CLEAN Future Act – A Comprehensive Bill to Achieve A Net Zero Greenhouse Gas Economy by 2050

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On March 2, 2021, members of the United States House of Representatives introduced H.R.1512, the Climate Leadership and Environmental Action for our Nation’s Future Act (“CLEAN Future Act”). The CLEAN Future Act, aims to...more

Troutman Pepper

FERC Finalizes Rules Permitting Fuel Cell System to Qualify as Cogeneration QFs

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On December 17, 2020, FERC issued a final rule permitting Solid Oxide Fuel Cell systems with integrated natural gas reformation equipment to be certified as cogeneration qualifying facilities (“QFs”) under the Public Utility...more

Bracewell LLP

FERC Adopts Expanded Definition of Cogeneration QFs to Include Certain Fuel Cell Systems

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On December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) adopted a final rule (“Final Rule”) regarding the potential for certain fuel cell systems to attain qualifying facility (“QF”) status pursuant to...more

Balch & Bingham LLP

FERC Expands QF Eligibility to Include Certain Fuel Cells

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Background - On December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a final rule (“Order No. 874”) amending the definition of “useful thermal energy” in its regulations under the Public Utility...more

Vinson & Elkins LLP

Federal Hydrogen Regulation In The United States: Where We Are And Where We Might Be Going

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Hydrogen has over the last century enjoyed repeated bouts of interest as a fuel source. Though these have repeatedly fallen flat, hydrogen-based production has recently enjoyed a renaissance, due to a trifecta of improving...more

Bracewell LLP

FERC Offers Limited Clarifications on its PURPA Reform Order

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By a November 19, 2020 Order on Rehearing, the Federal Energy Regulatory Commission (“FERC” or “Commission”) clarified a discrete set of issues arising from its landmark July 2020 order (“Final Rule”) modifying the...more

Allen Matkins

Renewable Energy Update - November 2020 #4

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FERC proposes transmission rating reform and upholds PURPA order - Bullet Utility Dive – November 20 - The Federal Energy Regulatory Commission (FERC) last Thursday upheld its order overhauling its implementation of...more

Bracewell LLP

FERC Proposes New Treatment of Fuel Cells Under PURPA

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Comments for FERC’s Notice of Proposed Rulemaking on Fuel Cell Energy Output (“NOPR”) are due tomorrow, November 25, 2020. In the NOPR, FERC proposes to modify its regulations for qualifying facility (“QF”) status under the...more

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