D.C. Circuit Court Affirms FERC Order in Wind Farm Complaint Against PGE

On April 25, 2017, the U.S. Court of Appeals for the D.C. Circuit (Circuit Court) dismissed petitions for review by PáTu Wind Farm (PáTu) and Portland General Electric Company (PGE) appealing Federal Energy Regulatory Commission (FERC) orders requiring PGE to purchase the full net output delivered by PáTu and rejecting PáTu’s request that PGE accept the power through specific transmission arrangements called dynamic transfer.   [Read more…]

Utah Affirms PacifiCorp Maliciously Misappropriated Developer’s Trade Secrets

In 2012, a Utah jury found that after detailed negotiations and a series of counteroffers PacifiCorp “willfully and maliciously misappropriated a trade secret from USA Power” in order to build a power plant project in Mona, Utah without the project’s original developer. The jury awarded more than $133 million in damages. On May 16, 2016, the Utah Supreme Court affirmed the jury’s conclusions.   [Read more…]

Washington Court Rejects PacifiCorp Rate Case Appeal

On April 27, 2016, the Washington Court of Appeals (Court) affirmed the Washington Utilities and Transportation Commission’s (Washington Commission) order in PacifiCorp’s 2013 general rate case. The Court affirmed the Washington Commission’s conclusions: 1) refusing to change the company’s cost allocation methodology; and 2) approving a hypothetical capital structure rather than the utility’s actual capital structure.   [Read more…]

Ninth Circuit Rejects Challenge to FERC Decisions on BPA Oversupply

On August 10, 2015, the Ninth Circuit Court of Appeals (Ninth Circuit) rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decisions finding that Bonneville Power Administration’s (BPA) policies discriminated against wind generators. The Ninth Circuit did not address the merits of the appeal, but found that the BPA’s wholesale preference customers did not have statutory standing to challenge FERC’s decision.   [Read more…]

Oregon Supreme Court Affirms OPUC Decision on Trojan Refunds

On October 4, 2014, the Oregon Supreme Court issued a decision that affirmed an order by the Oregon Public Utility Commission (Oregon Commission) requiring Portland General Electric Company (PGE) to refund amounts to its customers.  Some of PGE’s customers and ratepayer advocates challenged the Oregon Commission’s decision on the grounds that the refunds to customers were insufficient.  [Read more…]