On September 9, 2025, the D.C. Circuit in Solar Energy Industries Association v. FERC affirmed FERC’s prior decisions in Broadview Solar, holding that a qualifying facility’s capacity under the Public Utility Regulatory Policy Act of 1978 (PURPA) is based on its “send-out capacity” or the maximum AC output of the facility to the grid
PJM Files Reliability Resource Initiative at FERC Requesting Expansion of Transition Cycle #2 for Reliability Resources
Overview
On December 13, 2024, PJM Interconnection, L.L.C. (“PJM”), filed with the Federal Energy Regulatory Commission (“Commission”) a modification to Part VII of its Open Access Transmission Tariff (“Tariff”), adding provisions to enable a one-time reliability-based expansion of the eligibility criteria for Transition Cycle #2 to allow a limited number of additional resources to enter
FERC Issues Order Expanding Findings Related to Non-Independent Directors and Affiliation
On September 6, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued an order finding that the presence of a non-independent director, i.e., one who is affiliated with an investor, on the board of directors of a public utility or its upstream holding company creates an affiliation between the sponsor and the investor
FERC issues Final Rule on Improvements to Generator Interconnection Procedures and Agreements
At the July 27, 2023, Open Meeting, the Federal Energy Regulatory Commission (FERC) issued long-awaited Order No. 2023, the Final Rule on Improvements to Generator Interconnection Procedures and Agreements in Docket No. RM22-14-000. The rulemaking arose from the Advanced Notice of Proposed Rulemaking: Building for the Future Through Electric Regional Transmission Planning and Cost
D.C. Circuit Affirms FERC’s Broadview Order Confirming that Qualifying Facilities May Install Greater than 80 MW of Nameplate Generating Capacity
7/8/2024 Update: The U.S. Supreme Court has vacated the D.C. Circuit’s order, discussed below. The D.C. Circuit applied Chevron deference in affirming FERC’s decision in the proceeding below. As a result, the U.S. Supreme Court has vacated and remanded back to the D.C. Circuit to reconsider the case in light of Chevron being overturned.
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FERC Proposes Broad Reforms to Interconnection Process
At its June 16, 2022, open meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of proposed rulemaking (NOPR), Improvements to Generator Interconnection Procedures and Agreements, 179 FERC ¶ 61,194 (2022), proposing reforms to the Commission’s standard generator interconnection procedures and agreements. The goal of the NOPR is to reduce queue
Updated FERC Guidance on Qualifying Facility Certifications
FERC issued two notable orders this spring in Irradiant Partners, LP (Docket No. EL22-8-000) and Dalreed Solar (Docket No. QF20-1037-002) that provide further guidance on qualifying facility (QF) certifications. Here are the key takeaways:
- QF Re-Certifications Should Be Filed Before or At the Time of a Material Change: FERC’s regulations do not contain specific
Solar Power Had a Big Day at FERC
Today was a big day for the solar power industry at the Federal Energy Regulatory Commission (FERC).
In its monthly open meeting, FERC announced two decisions that significantly impact the industry — one involving PURPA and the other related to PJM’s Minimum Offer Price Rule (MOPR).
First, FERC reversed its Broadview Solar decision issued in
FERC Issues Final Rule Overhauling PURPA Regulations
Yesterday, the Federal Energy Regulatory Commission (FERC) issued Order No. 872 and implemented the largest overhaul to FERC’s regulations affecting Qualifying Facilities (QFs) in more than a decade. The order itself is 491 pages in length and there remain plenty of details to unpack in its implementation (including future proceedings to come at the FERC
D.C. Circuit Affirms FERC Order No. 841, Ensuring Storage Access to Wholesale Markets
On Friday, July 10, 2020, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) upheld the Federal Energy Regulatory Commission’s (“FERC”) Order Nos. 841 and 841A, which established a framework for electric storage resources’ (“ESRs”) participation in wholesale markets. The D.C. Circuit rejected the petitioners’ arguments that FERC exceeded its jurisdictional boundaries and