Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

PURPA Final Rule Post IV – The Fuss Over LMP

By Jennifer Key on July 20, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

Order No. 872 spends an inordinate number of pages discussing the wholly optional use by a state of Locational Marginal Prices (LMPs) for those QFs selling only as available energy in an RTO market. 18 C.F.R. § 292.304(b)(6). The reason this fuss is somewhat surprising is that most QFs (excluding net metered QFs) enter into contracts for sales of capacity and energy, such that the practice of making no capacity commitment at all, involves a somewhat limited subset of QFs. Moreover, as FERC points out, the use of LMP for such resources has been fairly common, despite FERC’s prior admonishment against it. Feeling some heat, FERC did roll back its proposal somewhat, making use of LMP subject to challenge.

Although such “as-available only” sales may be more common in regions where several LSEs lack any energy and capacity needs (i.e., parts of New England and the Mid-Atlantic), where LSEs they merely deliver products procured for their load by third-parties, the same regions generally have bolstered small, renewable QFs by various other programs that include fixed-price contracts or opening net metering to larger (i.e., 1-2 MW) QFs.

Much of the fuss seems to be coming from entities, such as California cogenerators, the California commission, and Southeast PIOs, that have confused the proposal with the proposal to allow energy prices to vary in fixed rate contracts. Indeed, FERC finds some comments confusing in that stakeholders seem to be complaining about LMP being insufficient without a fixed capacity price when “as available” sellers are not required to be compensated for any product but energy under revised 18 C.F.R. § 292.304(d)(1)(i).

  • Posted in:
    Energy and Utilities
  • Blog:
    PURPA and Distributed Energy Resources Blog
  • Organization:
    Steptoe LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo