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
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
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
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 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
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
The guidance issued on February 19 by the Internal Revenue Service is the type that the carbon capture and storage industry had sought, and will hopefully open up the market for investment by eliminating tax-related...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
FERC Proposes to Modernize PURPA Regulations - "The Federal Energy Regulatory Commission proposed to modernize its regulations governing small power producers and cogenerators under the Public Utility Regulatory Policies...more
The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) seeking comments on proposed revisions to regulations that implement the Public Utility Regulatory Policies Act of 1978 (PURPA)....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
Last week, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to modernize its regulations governing small power producers and cogenerators under the Public Utility Regulatory...more
On July 29, 2019, the United States Court of Appeals for the Ninth Circuit issued its decision in Winding Creek Solar LLC v. Peterman et al, Case Nos. 17-17531, 17-17532 (9th Cir. July 29, 2019), which affirmed the judgment...more
In a recent opinion, the Ninth Circuit held that the California Public Utilities Commission’s (CPUC) Renewable Market Adjusting Tariff (Re-MAT) program and alternative Qualifying Facility (QF) standard offer contract...more
On July 30, 2019, a Ninth Circuit Court of Appeal panel unanimously held that the federal Public Utility Regulatory Policy Act (PURPA) preempts two components of California's Renewable Market Adjusting Tariff (Re-MAT)...more
On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Winding Creek Solar LLC v. Peterman et al. (Nos. 17-17531 & 32) strongly upholding core principles of the Public Utility Regulatory...more
In Golden Valley Electric Association, Inc ., the Federal Energy Regulatory Commission (FERC) revoked the Qualifying Facility (QF) status of a “hybrid” power project proposed by Eco Green Generation, LLC (Eco Green)....more
On April 18, 2019, the Federal Energy Regulatory Commission (FERC) granted Sunrun, Inc. (Sunrun) limited waivers of FERC’s filing requirements for obtaining qualifying small power production facility (QF) status under the...more
On August 31, 2018, NorthWestern Corporation (NorthWestern) petitioned the Federal Energy Regulatory Commission (FERC or Commission) to revoke the qualifying small power production facility (QF) status of four wind projects...more
Is a co-located storage facility and wind or solar facility considered to be one qualifying facility (“QF”) under the Public Utility Regulatory Policies Act (“PURPA”)? Or multiple QFs? How will the aggregate capacity of such...more
The Federal Energy Regulatory Commission (FERC) announced at its most recent monthly conference that it is taking a new look at PURPA. The Public Utility Regulatory Policies Act (PURPA) was enacted in 1978 in response to the...more
• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more