Tag Archives: renewable

FERC Order No. 792 (Part 3 of 3): Adoption by States

FERC Order No. 792 is a major update to the standardized generator interconnection rules found in the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA). The SGIP and SGIA, created by FERC in Order No. 2006, have largely standardized the generator interconnection process. The updates to the SGIP and SGIA in Order No. 792 are major benefits to distributed generation, especially small solar and energy storage. This article is the last in a three-part series on Order No. 792. Part 1 described how the order helps new solar PV projects. Part 2 described how energy … Continue reading

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FERC Order No. 792 (Part 1 of 3): Gains for Solar PV Fast Track Interconnections

FERC Order No. 792 is a major update to the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA). The SGIP and SGIA were created by FERC Order No. 2006 and are components of transmission providers’ OATTs. Distributed generation, especially small solar and energy storage, are the major beneficiaries of Order No. 792. This article is the first in a three-part series on Order No. 792. Part 1 describes how the order helps new solar PV projects. Part 2 will describe how energy storage benefits from the order. Part 3 will discuss potential state adoption of … Continue reading

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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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Petition to Enforce PURPA against Montana PSC Questions Auctions and Capacity

A group of qualifying facility (QF) renewable energy developers (Hydrodynamics Inc., et al) jointly petitioned FERC on June 14, 2013 for enforcement of PURPA against the Montana Public Service Commission (Montana PSC). The QF developers contend that the Montana PSC is denying large QFs the right to enter into long-term PPAs at NorthWestern Energy’s avoided cost. According to the petitioners, QFs over 10 MW in Montana have only two paths to a PURPA contract: win a competitive auction or enter into a “short-term” rate contract. The petitioners argue that the first option is illusory because only one such auction has … Continue reading

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Slides from Partner Ken Kaufmann’s EUCI presentation on PURPA

Ken Kaufmann, partner of Lovinger Kaufmann LLP, instructed in the June 5, 2012 presentation hosted by Electric Utility Consultants, Inc. (EUCI).  The webcast “Utilizing PURPA in Today’s Deregulated Wholesale Market” provided a brief history of the evolution of PURPA, described how PURPA can help states influence the type of electric utility resources purchased by investor owned utilities, looked at the benefits and risks of continued reliance on PURPA, and discussed ways PURPA might be reformed at the state level. Slides from the presentation are available here .

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New Mexico utility outside RTO or ISO seeks PURPA Section 210(m) exemption.

The Public Utility Regulatory Policies Act of 1978 (“PURPA”) imposes a must-purchase obligation on regulated utilities to buy electric energy from qualifying facilities, as defined under the act. In 2005, Congress enacted an exception to the purchase obligation under Section 210(m) of PURPA. Section 210(m) grants the Federal Energy Regulatory Commission (“FERC”) the authority to exempt an electric utility from its must-purchase obligation if QFs in the utilities territory have “nondiscriminatory access” to at least one of the following 1) an independently administered auction based wholesale electricity market and wholesale markets for long term electricity sales; or 2) interconnection and … 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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Separate Avoided Cost for Renewable Qualifying Facilities in Oregon

Qualifying facilities (QFs) sell power to Oregon utilities at a per-megawatt-hour rate equal to the purchasing utility’s generic avoided cost.  The Oregon Public Utility Commission (OPUC) recently declared in Order No. 11-505 that Oregon’s two largest electric utilities, Pacific Power and Portland General Electric, must create a new renewable avoided cost rate.  The utility’s renewable avoided cost rate will be available to renewable QFs selling in Oregon and will be based on the cost to satisfy the state’s renewable portfolio standard. This change benefits renewable QFs by giving them the right to choose between the old generic rate and the new … Continue reading

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