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…]

Oregon Commission Requires PacifiCorp to Purchase Renewable Power from Large Independently Owned Generators

On April 19, 2018, the Oregon Public Utility Commission (Oregon PUC) rejected PacifiCorp’s proposed methodology for setting the avoided cost rates for larger qualifying facilities (QF), and required PacifiCorp to use a methodology that is more favorable to renewable QFs.   [Read more…]

Oregon PUC Exercises Primary Jurisdiction Over Executed PURPA Contract

On January 25, 2018, the Oregon Public Utility Commission (Oregon Commission) elected to take jurisdiction over a contract dispute between a qualifying facility (QF) Pacific Northwest Solar (PNW Solar) and Portland General Electric Company (PGE). The Oregon Commission became one of the only state agencies to conclude that it should resolve post-contract execution decisions and breaks from almost forty years of Oregon court case law in which QF contract disputes were resolved by the courts rather than an administrative agency.   [Read more…]