In its PURPA Reform Final Rule (Order No. 872), FERC mentioned the fact that the Idaho PUC had reduced the term of PURPA PPAs to two years (albeit there would be a perpetual new contractual obligation to purchase
PURPA and Distributed Energy Resources Blog
The PURPA and Distributed Energy Resources Blog, published by Steptoe LLP, focuses on legal and regulatory issues surrounding the Public Utility Regulatory Policies Act (PURPA) and the integration of distributed energy resources (DERs). It covers topics such as community renewable energy programs, net energy metering, state and federal regulatory developments, FERC jurisdictional matters, DER aggregation, and compensation mechanisms for DER services. The blog analyzes state commission decisions, FERC orders, and industry standards affecting DER participation in energy markets, including challenges related to double compensation and the evolving role of DER aggregators under federal and state frameworks.
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FERC QF Self-Recertifications and the “By the Same-Day Policy”
By Jennifer Key
FERC finally answered a question that has long needed answering – when does a QF self-recertification need to be refiled? I.e., is there a grace period before such filing is due after a material fact has changed? The short answer…
Order No. 2222: DER Implementation Informational Requests (i.e., Deficiency Letters) – Part 2
By Jennifer Key
Order No. 2222: DER Implementation Informational Requests (i.e., Deficiency Letters) – Part 1
By Jennifer Key
Two ISOs, CAISO and NYISO, filed their Order No. 2222 compliance filings in July, as they had largely already had DER aggregation programs even before the effective date of the Final Rule. Their filings garnered relatively few protests, which…
Order No. 860: QFs and Distributed Energy Resources
By Jennifer Key
Who Needs to Submit a Baseline: As November 2, 2021 looms (and is far scarier than Halloween), owners of QFs and DERs may be thinking, “what me worry?” But the looming due date for Order No. 860 baseline submissions can…
Reactive Power Sales: QFs and Distributed Energy Resources
By Jennifer Key
In Order No. 2003, FERC adopted a very clear policy – that if a vertically-integrated transmission provider charged its OATT customers for reactive power from its own generating fleet under OATT Schedule 2, it had to allow other generators in…
Vermont Supreme Court Gets It Right (Maybe) on Alternative PURPA Programs
By Jennifer Key
In a case involving Allco, a frequent plaintiff in state and federal PURPA litigation, a state’s adoption of an alternative PURPA program was challenged. Vermont is a state with multiple PURPA programs, a situation FERC has held is perfectly reasonable.…
Catching Up on Recent DER/PURPA Events at FERC
By Jennifer Key
In the past few months there have been a few events that merit a word, but few true surprises. It has become clear that there will be significant delays in the implementation of DER aggregation in some ISO/RTO regions. The…
The Death of the Demand Response Opt-Out?
By Jennifer Key
It has been more than a month since FERC proposed eliminating the state opt-out with regard to retail customer participation in demand response programs in organized wholesale markets. In its NOPR, Participation of Aggregators of Retail Demand Response Customers…
In Broadview “Rehearing” Order, FERC Channels Emily Litella: “Never Mind”
FERC’s decision in Broadview Solar, LLC (discussed here) couldn’t even make it to its first birthday before FERC said “never mind,” that such decision was a mistake. Reversing the reasoning of its earlier order, FERC held in its…