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FERC Issues Declaratory Order on QFs’ PURPA Rights

from Washington Energy Report

On July 21, 2016, FERC issued a declaratory order related to a qualifying facility’s (“QF”) right to sell its capacity and energy pursuant to a legally enforceable obligation under the Public Utilities Regulatory Policies Act of 1978 (“PURPA”). Specifically, FERC held that: (1) regardless of whether a QF has previously sold its renewable energy credits (“RECs”) under a separate contract, a QF has the right to sell its output pursuant to a legally enforceable obligation (“LEO”), and (2) regardless of whether a QF has participated in a request for proposal, a QF has the right to obtain a LEO. [Read more →]

July 26, 2016   Comments Off on FERC Issues Declaratory Order on QFs’ PURPA Rights

FERC Issues Rule Eliminating Exemptions for Wind Generators from Reactive Power Requirements

From Washington Energy Report

On June 16, 2016, FERC revised the pro forma Large Generator Interconnection Agreement (“LGIA”) and the pro forma Small Generator Interconnection Agreement (“SGIA”) to require wind generators to design their facilities to be capable of providing reactive power at their points of interconnection as a condition of interconnection. As a result, going forward all newly interconnecting non-synchronous generators, including wind generators, must be able to provide reactive power as a condition of interconnection. [Read more →]

June 22, 2016   Comments Off on FERC Issues Rule Eliminating Exemptions for Wind Generators from Reactive Power Requirements

IRS Updates “Beginning of Construction” Guidance to Reflect PATH Act Extension of the PTC and the ITC

On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31, which updates its prior guidance to reflect the extension of the beginning of construction deadline for the PTC and ITC made by the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act).

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May 6, 2016   Comments Off on IRS Updates “Beginning of Construction” Guidance to Reflect PATH Act Extension of the PTC and the ITC

NCUC’s Ruling Finds Utility Watchdog Group in Violation of North Carolina Law for its Sale of Solar Power to Greensboro Church

A recent ruling in North Carolina highlights the importance to solar developers and non-profits in understanding the extent to which applicable state rules permit third-part sales of electricity or other PPA-type arrangements. [Read more →]

April 28, 2016   Comments Off on NCUC’s Ruling Finds Utility Watchdog Group in Violation of North Carolina Law for its Sale of Solar Power to Greensboro Church

FERC Reaffirms Renewables Exemption to ISO-NE MOPR on Voluntary Remand from the DC Circuit

From Washington Energy Report

On April 8, 2016, the Federal Energy Regulatory Commission (“FERC”), on voluntary remand from the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”), reaffirmed its approval of an exemption of up to 200 MW of renewable resources from ISO New England Inc’s (“ISO-NE”) minimum offer pricing rule (“MOPR”) in ISO-NE’s Forward Capacity Market (“FCM”). Barring further legal challenges, the renewables exemption will remain effective as of June 1, 2014. [Read more →]

April 19, 2016   Comments Off on FERC Reaffirms Renewables Exemption to ISO-NE MOPR on Voluntary Remand from the DC Circuit