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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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