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Election 2020: What Would a Biden Win Mean for the U.S. Electric Power Sector?

Part One - As the 2020 election nears, the Democratic campaign has begun to talk policy specifics regarding energy and climate change. Although the Trump administration undertook to dismantle many Obama-era policies and...more

FERC Denies Waiver for Failure to File PURPA Qualifying Facility Self-Certification

On May 17, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted in part and denied in part a request by Zeeland Farm Services, Inc. (“Zeeland”) for a waiver of FERC’s regulations requiring small...more

Federal Court Finds California PURPA Programs Non-Compliant

In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...more

First Circuit Decision Finds No Private Right of Action Under PURPA Against a Utility

On November 13, 2017, the U.S. Court of Appeals for the 1st Circuit held in Allco Renewable Energy Ltd. v. Mass. Elec. Co. that a Qualifying Facility (QF) does not have a private right of action against a utility company...more

Proposed Bill Would Require State Public Utility Regulatory Authorities to Consider the Cost of Distributed Generation

On March 13, Sen. Jeff Flake (R-AZ) introduced the Ratepayer Fairness Act (RFA). The RFA would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) to require that state public utility regulatory authorities and...more

Electric Cooperatives Seek FERC Determination on PURPA Preemption of Maryland’s Community Solar Program

On August 23, 2016, two Maryland electric cooperatives filed a Petition for Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to find that the Maryland Public Service Commission’s (MPSC) recently...more

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