News & Analysis as of

PURPA Solar Energy

Troutman Pepper

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

Troutman Pepper on

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

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

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

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

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

Allen Matkins

Renewable Energy Update - March 2021 #4

Allen Matkins on

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

Bracewell LLP

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

Bracewell LLP on

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

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...

Locke Lord LLP on

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

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

FERC PURPA Rule Revisions/Order No. 872: Solar Energy Association United States Court of Appeals (9th) Petition for Review

The Solar Energy Industries Association (“SEIA”) filed a September 18th Petition before the United States Court of Appeals for the Ninth Circuit challenging Order No. 872 which revised certain Public Utility Regulatory...more

Beveridge & Diamond PC

Montana Supreme Court Again Rejects Public Service Commission’s Modifications to PURPA Contracts

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Following on the heels of its recent rejection of the Montana Public Service Commission’s (PSC) new standard contracts for small “Qualifying Facilities” (QFs) under the Public Utility Regulatory Policies Act of 1978 (PURPA),...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

Morrison & Foerster LLP

FERC Overturns Precedent And Denies Qualifying Facility Status Of Hybrid Solar Project

In a September 1, 2020 order the Federal Energy Regulatory Commission (“FERC”) overturned longstanding precedent and denied a renewable developer’s application to designate a solar-plus-storage hybrid facility as a small...more

Troutman Pepper

FERC and Montana Supreme Court Issuances Bring Big Regulatory Shakeups to the PURPA Regulatory Landscape

Troutman Pepper on

On September 1, 2020, FERC issued an order overturning 40 years of Public Utility Regulatory Policies Act of 1978 (“PURPA”) precedent and revoking the qualifying facility (“QF”) status of Broadview Solar, LLC (“Broadview...more

McGuireWoods LLP

FERC’s Broadview Solar Order Has Major Implications for Solar QFs and Utilities Implementing PURPA: Impact on Future Solar +...

McGuireWoods LLP on

In a decision breaking with long-established precedent, the Federal Energy Regulatory Commission (FERC) ruled in a Sept. 1, 2020, order that small power production qualifying facilities (QFs) cannot circumvent the 80 MW power...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

Allen Matkins

Renewable Energy Update - July 2020 #4

Allen Matkins on

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

Nelson Mullins Riley & Scarborough LLP

FERC Issues Pair of Orders with Significant Implications for Solar Resources

Last week, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a pair of highly anticipated orders that will significantly impact the regulatory landscape for solar resources across the United States....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

Allen Matkins

Renewable Energy Update - December 2019

Allen Matkins on

Focus - U.S. storage market rebounds as California promises big 2020 growth - Greentech Media – December 3 - The U.S. energy storage market bounced back in the third quarter of 2019. Front-of-meter storage...more

Beveridge & Diamond PC

FERC Proposes the First Comprehensive Reform of its PURPA Regulations Since 1980: Renewables Under the Gun?

Beveridge & Diamond PC on

On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to comprehensively rewrite its rules for implementing the Public Utility Regulatory Policies Act...more

Alston & Bird

FERC Proposes Rule Revisions Under the Public Utility Regulatory Policies Act of 1978

Alston & Bird on

The Federal Energy Regulatory Commission seeks to revise its PURPA regulations after nearly 40 years of growth in the energy industry, but not everyone is on board. Our Energy Group highlights the notable proposed changes and...more

Saul Ewing LLP

FERC Proposes Major Modifications to PURPA - Some Regions May Be More Affected Than Others

Saul Ewing LLP on

The Federal Energy Regulatory Commission (“FERC”) issued a proposed rulemaking on September 19, 2019, that entails a sweeping overhaul of the Public Utility Policy Act of 1978 ("PURPA") which could have significant impact on...more

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