FERC Reverts to Its Traditional Analysis for Determining “Power Production Capacity” of Small Power Production QFs
By EsqSocial Corporation 29/03/21
On March 19, 2021, a divided Federal Energy Regulatory Commission (FERC or the “Commission”) reverted to its long-standing “send out” analysis for determining the “power production capacity” of a small power production qualifying facility (QF) under the Public Utility Regulatory Policies Act of 1978 (PURPA) and FERC’s implementing regulations.1 Commissioners James Danly and Mark Christie voted against the result, with Commissioner Danly writing separately in dissent....
By: Akin Gump Strauss Hauer & Feld LLP