On July 29, 2019, the Ninth Circuit released an opinion in Winding Creek Solar, LLC v. California Public Utility Commission (California Commission or CPUC), finding that the Public Utility Regulatory Policies Act (“PURPA”) preempted the CPUC’s “Renewable Market Adjusting Tariff” (Re-Mat) and “Standard Offer Contract” programs. Under PURPA, utilities are required to purchase any energy and capacity made available from a qualifying facility (QF) at the utility’s avoided cost, and the QF has the option to have the price it is paid for that energy and capacity determined either at the time of contracting or at the time of delivery. [Read more…]
Ninth Circuit Reaffirms PURPA’s Must-Purchase and Fixed Contract Price Requirements
August 10, 2019 By
Oregon Court of Appeals Reverses OPUC on PacifiCorp’s Direct Access Charge
June 28, 2019 By
On June 19, 2019, the Oregon Court of Appeals issued an opinion in Calpine Energy Solutions, LLC v. Oregon Public Utility Commission (Oregon Commission or OPUC), reversing the OPUC’s approval of PacifiCorp’s Transition Adjustment Mechanism (TAM). The core decision by the Court is that a state regulatory agency, like the Oregon Commission, must make its decision based on the evidence brought before it and not information or decisions from prior cases. [Read more…]
Montana District Court Reverses Public Service Commission on PURPA
June 28, 2019 By
On June 18, 2019, a Montana State District Court reversed the Montana Public Service Commission (Commission or MPSC), finding that MTSUN, a qualifying facility under the Public Utility Regulatory Policies Act (PURPA), was entitled to a 25-year contract to sell its energy and capacity to NorthWestern Energy. The case was heard before the same Judge that decided the QF-1 docket on April 2, 2019 and to a large degree the decision is the same. [Read more…]
Ninth Circuit Rejects PURPA Implementation Claim as Moot in Unpublished Opinion
June 11, 2019 By
On June 3, 2019, the Ninth Circuit issued an unpublished Decision Memorandum in Bear Gulch, LLC et. al. v. Montana Public Service Commission, in which it found that the federal district court erred by not finding that certain arguments related to Montana’s generally applicable legally enforceable obligation (LEO) standard was moot. The Ninth Circuit found that the arguments raised by Bear Gulch Solar, LLC and other qualifying facilities developed by Cypress Creek Renewables (QFs) were mooted because the Montana Commission subsequently enacted a new LEO rule. [Read more…]
Ninth Circuit Rules in Favor of Renewable QFs
April 30, 2019 By
On April 24, 2019, the Ninth Circuit Court of Appeals (Ninth Circuit) issued an opinion regarding the California Public Utilities Commission’s (“California Commission”) failure to properly implement the Public Utility Regulatory Policies Act (PURPA). Specifically, the Ninth Circuit held that the avoided cost price paid to a qualifying facility (QF) cannot be based on energy sources that do not meet California’s Renewable Portfolio Standard (RPS), if the state has an RPS and the utility is using the QF’s energy to meet the RPS. [Read more…]
