Qualifying Facilities and PURPA: FERC’s Reassessment After Nearly 40 Years

Since the enactment of the Public Utility Regulatory Policies Act of 1978 (PURPA), utilities across the country have grappled with the statute’s mandatory purchase obligation that requires utilities to enter into wholesale power contracts with Qualifying Facilities (QFs).

While state utility commissions are tasked with implementing the controversial law, FERC has regularly been asked to address disputes between utilities and QFs concerning PURPA implementation over the past 35 years. Changes in the electricity markets since 1978 and the evolving capability of QF resources have raised questions concerning the role of PURPA implementation going-forward, including how PURPA is implemented and the rates paid for energy purchased by utilities under the mandatory purchase obligation.

This summer, FERC added to the discussion by convening a one-day technical conference to hear from participants in all segments of the electricity industry concerning PURPA’s implementation. The issues raised in the technical conference, and recent FERC decisions on PURPA disputes, may signal a change in the way QFs and utilities interact in coming years.

Please join us for a one-hour webinar as we discuss FERC’s PURPA regulations and what the future may look like for utilities following PURPA reforms.

Topics will include:

• An overview of FERC’s PURPA regulations.
• The roles of FERC and state utility commissions in implementing PURPA.
• The issues prompting disputes between QFs and utilities.
• Utility exemptions from PURPA’s mandatory purchase obligation.
• QF participation in utility resource planning initiatives.
• The path forward concerning PURPA implementation.

For more information, please contact Talia Baghdoyan at +1.202.739.5283 or talia.baghdoyan@morganlewis.com.