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
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
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
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
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
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
En sentencia de 10 de noviembre de 2022, proferida dentro del expediente #25212, la Sección Cuarta del Consejo de Estado de Colombia reiteró que para determinar si un costo o gasto tiene relación de causalidad con la...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 bipartisan Infrastructure Investments and Jobs Act (IIJA), signed into law in November 2021, provides a "once in a generation" investment into the nation's infrastructure. In addition to making significant investments in...more
On March 24, 2022, FERC denied a petition filed by Irradiant Partners, LP (“Irradiant” or “Petitioner”) seeking waiver of the Commission’s Qualifying Facility (“QF”) filing requirement for its acquisition and recertification...more
In an order denying a request to waive filing requirements triggered by changes in ownership of qualifying facility (QF) projects, the Federal Energy Regulatory Commission reiterated the importance of ensuring QF filings,...more
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
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
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
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
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
FERC has issued a final rule, Order No. 874, expanding the eligibility criteria for Qualifying Facilities (QFs) as defined under the Public Utility Regulatory Policies Act of 1978 (PURPA) to enable certain fuel cell–based...more
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
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
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
On November 19, 2020, FERC issued Order No. 872-A, an order denying rehearing and clarifying portions of Order No. 872, which revised the regulations implementing the Public Utility Regulatory Policies Act of 1978 (“PURPA”)....more
On October 15, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) to revise its regulations implementing the Public Utility Regulatory Policies Act of 1978 (“PURPA”) to permit Solid Oxide Fuel Cell systems with...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
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, the Federal Energy Regulatory Commission (“FERC”) issued an order departing from its longtime standard used to determine a generating facility’s “power production capacity” for purposes of certification...more