News & Analysis as of

PURPA

Venable LLP

Post-Chevron Judicial Review of FERC Decisions

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As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

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Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Blank Rome LLP

Chevron Deference in Its Last Days?

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In recent years, a string of cases has been brought before the Supreme Court of the United States (“SCOTUS”) challenging the Chevron doctrine, which states that courts should defer to a federal agency’s interpretation of an...more

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

Fox Rothschild LLP

What North Carolina's New 'Carbon Plan' Will Mean for the State's Energy Sector

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When Gov. Roy Cooper signed House Bill 951 on Oct. 13, 2021, North Carolina became the first state in the Southeast — and one of the first in the country — to authorize significant reductions in carbon dioxide emissions from...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

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

Public Utility Regulatory Policies Act: Federal Appellate Court Addresses Subject Matter Jurisdiction

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) addressed in a June 28th Opinion an issue involving the Public Utility Regulatory Policies Act (“PURPA”). See Solar v. City of Farmington, No. 20-2028,...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

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

Public Utility Regulatory Policies Act/Order No. 872: Solar Energy Industries Association Judicial Challenge

The Solar Energy Industries Association (“SEIA”) filed its Opening Brief in its challenge of Federal Energy Regulatory Commission (“FERC”) Order No. 872 before the 9th Circuit Court of Appeals (“9th Circuit”). Order No....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

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

Bracewell LLP

FERC Reverses Broadview on Rehearing; Reinstates Focus on Output in Evaluating 80 MW Cap for QFs

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On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC, 174 FERC ¶ 61,199 (2021)...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

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