Steptoe & Johnson LLP updates

FERC takes narrow view of Broadview
Steptoe & Johnson LLP
  • Energy & Natural Resources
  • USA
  • 14 September 2020

In the long-awaited Broadview order, the Federal Energy Regulatory Commission reinforced the Public Utility Regulatory Policies Act's statutory limit for small power production qualifying facilities (SPP QFs) to a power production capacity of no more than 80MW. SPP QFs cannot evade this statutory limit by restraining the ability of much larger facilities to actually 'send out' more than 80MW through the use of limited inverters.

Lesson of appeal of Order No 841 – be careful what you ask for
Steptoe & Johnson LLP
  • Energy & Natural Resources
  • USA
  • 24 August 2020

The DC Circuit has issued its opinion on various petitioners' appeals of Order No 841, denying the claim that the Federal Energy Regulatory Commission lacks the authority to prohibit states from barring electric storage resources located on utility distribution systems from participating in wholesale power markets. The most direct ramification of the opinion is that it largely eradicates any meaningful chance of successfully challenging on jurisdictional grounds a distributed energy resource aggregation final rule.

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