Tag Archives: REC

U.S. District Court upholds award of RECs from QF to utility in West Virginia

U.S. District Court, West Virginia, recently dismissed a complaint from PURPA qualifying facility (“QF”) in one of the ongoing disputes regarding ownership of renewable energy credits (“RECs”) between QFs and utilities. The West Virginia QF, Morgantown Energy Associates, was registered under Pennsylvania’s Portfolio Act and transacting RECs created by it generation under the Pennsylvania Act. But after West Virginia enacted its own portfolio act, the West Virginia Public Service Commission ruled that under the act and the QF’s preexisting power purchase agreement with a West Virginia utility, the RECs created by the QF passed to the West Virginia utility without … Continue reading

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FERC declares that RECs generated by QFs are not purchased by avoided cost payments

On April 24, 2012, the Federal Energy Regulatory Commission (FERC) issued the latest in a string of declarations on the ownership of renewable energy credits (RECs).  Morgantown Energy Assoc., 139 FERC ¶ 61,066 (2012).  The dispute arose in West Virginia where the state utility commission (Public Service Commission of West Virginia) attempted to resolve ownership of RECs between PURPA qualifying facilities (QFs) and utilities purchasing output from the QFs. After a West Virginia law imposed a renewable portfolio standard on utilities, the utilities and QFs were left to argue over who got credit for RECs from pre-existing power purchase agreements that were … Continue reading

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