OPUC Declines Jurisdiction over QF PPAs

On June 25, 2021, the Oregon Public Utility Commission (the Oregon Commission) dismissed the case brought against NewSun Energy (NewSun) by Portland General Electric (PGE) that sought to terminate the power purchase agreements (PPAs) of select qualified facilities (QFs). The primary dispute was over the timeline of the QFs to come online and be commercially viable. NewSun argued there was force majeure, or, unforeseeable and unpreventable circumstances which prevented the facilities from achieving their commercial operation dates. The Commission agreed concluded that case should be adjudicated in court and dismissed the case, without prejudice.  [Read more…]

Oregon Court of Appeals Dismisses Utility Appeal regarding PURPA Fixed Price Payments

In December 2020, the Oregon Court of Appeals dismissed Portland General Electric Company’s (PGE’s) appeal of the Oregon Public Utility Commission’s (Oregon Commission’s) decision in Docket No. UM 1805 regarding contract term requirements under the Public Utility Regulatory Policies Act (PURPA). The Court’s decision capped a series of decisions affirming a long-standing Oregon Commission policy where qualifying facilities (QFs) eligible for standard contracts receive 15 years of fixed price payments.    [Read more…]

PacifiCorp Utah and Oregon GRC Orders

In late December 2020, the Utah Public Service Commission (Utah Commission) and the Oregon Public Utility Commission (Oregon Commission) issued separate orders on PacifiCorp’s Utah and Oregon general rate cases. On December 30, the Utah Commission granted an increase to PacifiCorp, dba Rocky Mountain Power’s (PacifiCorp) annual revenue requirement of $31.41 million. In its initial Utah filing, PacifiCorp sought to increase its retail rates by $95.78 million, or 4.8%. On December 18, 2020, the Oregon Commission ordered a decrease to PacifiCorp’s revenue requirement of approximately $20.9 million, representing a 1.6% decrease from the its previous rates. PacifiCorp’s initial Oregon filing sought an increase of $78 million, or approximately 6%.  [Read more…]

Oregon PUC and PGE Allow Projects to Participate in Community Solar Program

On May 19, 2020, the Oregon Public Utility Commission (Oregon Commission) approved, in principle, a proposed tariff for allocating community solar program (CSP) costs across Portland General Electric Company’s (PGE’s) customer classes. In a public settlement agreement, with the Oregon Commission’s approval of its tariff, PGE agreed to allow solar projects that were parties to the settlement agreement to terminate each project’s pre-existing power purchase agreement (PPA) if so requested within 90 days of the Commission order and to sell their power in the CSP.  [Read more…]

Oregon PUC Supports Competitive Markets in Revamping PGE’s New Load Direct Access Program

On January 7, 2020, the Oregon Public Utility Commission (Oregon Commission) ordered the Portland General Electric Company (PGE) to submit new tariffs that implement its Large New Load Direct Access (NLDA) program (Order No. 20-002). The new tariffs will go into effect on February 6, 2020.  [Read more…]