Admittedly, it is odd for a PURPA blog to take a month to publish on the PURPA NOPR. But, it took some thought to determine what the NOPR really means to the industry. (The author’s 10-day October vacation had
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.
Latest from PURPA and Distributed Energy Resources Blog - Page 6
PURPA NOPR: Initial Reaction Based on FERC Meeting Discussion
By Jennifer Key
Without having seen the new PURPA NOPR, two reforms discussed at the September 19 Open Meeting appear to be the most significant. First, is the ability of states to permit a floating (i.e., formula) energy rates in contracts, such as…
FERC’s ISO/RTO DERs Data Requests – What Do They Tell Us and What Will the Answers Likely Tell FERC
By Jennifer Key
The DERs Aggregation rulemaking (now FERC Docket No. RM18-9) was initiated back in 2016 and was the subject of a 2018 Technical Conference. Now, FERC has posed to the six ISOs/RTOs an identical set of data requests regarding DERs that…
Preemptable State Laws and Regulations: The Failure to Challenge Can Have Adverse Impacts
By Jennifer Key
It is somewhat common for a utility to determine not to challenge a new rule on power purchases issued by its state commission that is clearly in violation of PURPA or the FPA. This reluctance is understandable and often rests…
Ninth Circuit Affirms Winding Creek: Formula Rates Do Not Satisfy Price Set at Time of LEO
By Jennifer Key
In 2017, a California federal district held in Winding Creek v. CPUC that the California Public Utilities Commission (CPUC) had two PURPA problems: 1) its capped PURPA program entitled “Re-MAT” did not adopt an avoided-cost price because of its adjustment…
District Court Order Provides PURPA Guidance – On “As Applied” Versus Implementation Claims
By Jennifer Key
Several months ago FERC issued an Intent Not to Act on New Mexico Public Regulation Commission’s (NMPRC) LEO standard, which (seemingly) was challenged by a QF’s (Great Divide) Petition for Enforcement under PURPA. The NMPRC had adopted a very strict…
Ninth Circuit Reinforces the Appropriate Role of Courts in PURPA Implementation Claims
By Jennifer Key
On June 3, 2019, the US. Court of Appeals for the Ninth Circuit issued a Memorandum Opinion (i.e., not for publication), that reinforced the scope of the role of the district and appellate courts in cases brought under the juridical…
Musings on Order No. 841-A: The Strange, True Story of How Order No. 2003 (Perhaps) Ate (Most of) FERC’s Distributed ESR Interconnection Jurisdiction
By Jennifer Key
The jurisdictional discussion in Order No. 841-A was lengthy. It could have been very short.
This blog today takes a personal turn as I relate the tale of FERC’s jurisdiction over energy storage resources (ESRs) connecting to a public utility’s…
Ninth Circuit Mandates Use of Multi-Tiered Avoided Cost Rates Where Utilities Make Purchases From QFs In Meeting Renewable Portfolio Standards
“We hold only that where a utility uses energy from a QF to meet a state RPS, the avoided cost must be based on the sources that the utility could rely upon to meet the RPS.” Californians for Renewable Energy…
FERC’s Sunrun Order Should Surprise No One, But May Lead to More Interesting Cases
By Jennifer Key
Yesterday, FERC issued an order on a Petition for Declaratory order from Sunrun, asking that FERC waive the QF certification filing requirements for separately-interconnected, individual residential rooftop solar PV systems and related equipment with maximum net power production of 20…