News & Analysis as of

PURPA Renewable Energy

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

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

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

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

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

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

Allen Matkins

Renewable Energy Update - November 2020 #4

Allen Matkins on

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

Akin Gump Strauss Hauer & Feld LLP

Election 2020: What Would a Biden Win Mean for the U.S. Electric Power Sector?

Part One - As the 2020 election nears, the Democratic campaign has begun to talk policy specifics regarding energy and climate change. Although the Trump administration undertook to dismantle many Obama-era policies and...more

K&L Gates LLP

The Energizer – Volume 75

K&L Gates LLP on

FERC REVISES ANALYSIS FOR CERTIFICATION OF QUALIFYING FACILITIES - On 1 September, the Federal Energy Regulatory Commission (FERC) issued an order (172 FERC ¶ 61,194) denying an application from Broadview Solar, LLC to...more

Beveridge & Diamond PC

Montana Supreme Court Rejects Public Service Commission’s Reduction of Avoided Cost Rates and Contract Terms for PURPA Contracts

On August 24, 2020, the Montana Supreme Court ruled that the Montana Public Service Commission (PSC) failed to properly justify changes it approved for the standard-offer rates and contracts for small renewable energy...more

Allen Matkins

Renewable Energy Update - August 2020 #4

Allen Matkins on

California power shortfall forces sweeping review of grid reliability strategy - Bullet S&P Global – August 21 - In an August 19 letter to Governor Gavin Newsom, the heads of the California Public Utilities...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

Beveridge & Diamond PC

FERC Adopts Final Rule on PURPA Reform Putting Long-Term Renewable Energy Contracts at Risk

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On July 16, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 872, its Final Rule comprehensively rewriting its regulations for implementing the Public Utility Regulatory Policies Act of 1978 (PURPA)....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

Allen Matkins

Renewable Energy Update - July 2020 #4

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FERC finalizes PURPA rule reforms - Bullet Power Magazine – July 16 - The Federal Energy Regulatory Commission (FERC) has finalized a long-awaited rule revising regulations that govern qualifying small power producers...more

Blank Rome LLP

FERC’s Final PURPA Rule May Significantly Alter the Landscape for Qualifying Facilities

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On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 (“Order”), a final rule that significantly revised its rules implementing the Public Utility Regulatory Policies Act of...more

Mintz - Energy & Sustainability Viewpoints

Petition Seeks Federal Overturn of Net Metering, Calls into Question Federal vs. State Authority Over Solar Sales

A petition filed in April by the New England Ratepayers Association (NERA) has requested that the Federal Energy Regulatory Commission (FERC) reassess its authority over retail solar sales, stating that the federal...more

Pierce Atwood LLP

Democratic Lawmakers Seek FERC’s Rejection of Net Metering Proposal

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Democratic lawmakers recently submitted a letter urging the Federal Regulatory Commission (FERC) to reject a petition for declaratory order filed by the New England Ratepayers Association (NERA) that could impact state-run...more

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