FERC Reforms Large Generator Interconnection Rules; Parties Seek Rehearing

On April 19, 2018, the Federal Energy Regulatory Commission (FERC) issued a final rule amending the pro forma Large Generator Interconnection Procedures (LGIP) and the Large Generator Interconnection Agreement (LGIA). The new rules represent the most significant changes to FERC’s generator interconnection process since 2003; however, FERC may revise some of the new rules because a number of parties sought rehearing which FERC granted on June 18, 2018.   [Read more…]

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…]

FERC Protects QFs in the Interconnection Process

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a declaratory order finding that the Montana Public Service Commission’s (Montana Commission) legally enforceable obligation standard is inconsistent with the Public Utility Regulatory Policies Act (PURPA) and FERC’s PURPA regulations. FERC rejected the Montana Commission’s requirement that that a qualifying facility (QF) complete a facilities study or an interconnection agreement as a predicate for a legally enforceable obligation is contrary to PURPA.   [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…]

FERC Sides with Oregon Wind Farm Against PGE

On January 22, 2015, the Federal Energy Regulatory Commission (FERC) issued an order that granted in part and dismissed in part a complaint filed by PáTu Wind Farm (PáTu) against Portland General Electric Company (PGE).  FERC agreed with PaTu’s essential complaint that PGE may not refuse to accept PáTu’s net electric energy output that is delivered to PGE’s system.  FERC also: 1) dismissed PáTu’s arguments that PGE violated FERC’s standards of conduct; and 2) concluded that PáTu should seek monetary reparations in court or before the Oregon Public Utility Commission (Oregon Commission) rather than FERC itself.   [Read more…]