Ninth Circuit Rules in Favor of Renewable QFs

On April 24, 2019, the Ninth Circuit Court of Appeals (Ninth Circuit) issued an opinion regarding the California Public Utilities Commission’s (“California Commission”) failure to properly implement the Public Utility Regulatory Policies Act (PURPA). Specifically, the Ninth Circuit held that the avoided cost price paid to a qualifying facility (QF) cannot be based on energy sources that do not meet California’s Renewable Portfolio Standard (RPS), if the state has an RPS and the utility is using the QF’s energy to meet the RPS.  [Read more…]

Montana District Court Finds that Public Service Commission Acted Arbitrarily and Unreasonably

On April 3, 2019, a Montana District Court Judge, Judge Manley, issued an order reversing the Montana Public Service Commission’s (“Montana Commission”) orders 7500c and 7500d that cut Public Utility Regulatory Policies Act (“PURPA”) standard avoided cost prices and contract lengths for qualifying facilities (“QFs”) offered by Montana utility NorthWestern Energy (“NorthWestern”).  [Read more…]

Oregon Public Utility Commission Codifies PURPA Policies

On October 29, 2018, the Oregon Public Utility Commission (Oregon Commission) issued modifications to its rules governing a utility’s purchase of power from qualifying facilities (QFs) under Oregon’s implementation of the Public Utility Regulatory Policies Act of 1978 (PURPA).  These rules were codified in the Oregon Commission’s rules after they were published by the Oregon Secretary of State on November 2, 2018.  The final rules are the culmination of a three-year old Petition for Rulemaking filed by Obsidian Renewables, LLC in November 2015.    [Read more…]

Montana Commission Issues Final Rule on Legally Enforceable Obligations

On July 10, 2018, the Montana Public Service Commission issued a final rule establishing the criteria for forming a legally enforceable obligation (LEO) under the Public Utility Regulatory Policy Act of 1978 (PURPA).   [Read more…]

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…]