On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued an order in Branch Street Solar Partners, LLC, addressing a rehearing and clarification request filed by several solar qualifying facilities (QFs) whose owners had failed to timely recertify their facilities after changes in ownership. In relevant part, the QF owners argued that their
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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