FERC Finds Utah QF Established LEO Prior to Utility’s PURPA Waiver Filing

On April 15, 2021, the Federal Energy Regulatory Commission (FERC) issued an order finding that a qualifying facility (QF) called Kanab Solar had established a legally enforceable obligation (LEO) to sell power to Garkane Energy Cooperative (Garkane) prior to the date that Garkane and its generation and transmission cooperative, Deseret Power, had petitioned FERC for waivers to some of their obligations under the Public Utility Regulatory Policies Act (PURPA). FERC granted the waivers. However, FERC also determined that Kanab Solar established a LEO before the petitions were filed. This means that the waivers do not affect Kanab Solar’s pre-existing right to choose to sell to Garkane rather than to Deseret Power.  [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…]

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…]