Latham's Clean Energy Law Report

Tag Archives: PURPA Put Contract

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power Under PURPA As “Firm Power,” Contrary to FERC and District Court

By Michael J. Gergen and Tyler Brown On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”) and held that the Public Utility Commission of Texas (“PUCT”) acted within … Continue Reading

Recent Guidance from FERC on the Sale of Renewable Energy Certificates

By David E. Pettit Since its decision in American Ref-Fuel Company in 2003, the Federal Energy Regulatory Commission (“FERC”) has taken the view that avoided cost power purchase agreements between a qualifying facility (“QF”) and a utility buyer under the Public Utility Regulatory Policies Act of 1978 (“PURPA”), often referred to as a “PURPA Put … Continue Reading
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