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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Energy

Date & Time
  • event Date

    Thursday, April 18, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide energy counsel with an in-depth analysis of PURPA regulations, FERC's revisions, and recent court decisions. The panel will discuss critical aspects of the revised rules to encourage the development of qualifying small power production facilities and cogeneration facilities (QFs), requirements for electric utilities, state authority for energy rates in QF power sales contracts, and modification of the "one-mile rule." The panel will also discuss changes to a utility's obligation to purchase QF output, QF certifications, and other vital provisions.

Faculty

Eric L. Christensen
Principal
Beveridge & Diamond PC

Mr. Christensen is one of the Pacific Northwest’s leading energy and natural resources attorneys. His practice focuses on assisting both emerging energy and clean tech companies and traditional energy companies navigate the complex legal and regulatory systems governing the nation’s energy industry. With more than 27 years of experience, Mr. Christensen has successfully represented clients in complex litigation and regulatory matters, ranging from the U.S. Supreme Court to major proceedings before federal and state agencies. In addition, he has successfully guided clients through major transactions involving, for example, renewable and traditional energy facilities, complex energy and derivatives trades, brownfields redevelopment, engineering and construction services, early-stage and traditional financing, risk management, and government grants and tax incentives.

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Scott Daniel Johnson
Senior Counsel
Akin Gump Strauss Hauer & Feld LLP

Mr. Johnson's practice focuses on energy regulation and renewable energy.

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Ryan C. Norfolk
Special Counsel
Baker Botts LLP

Mr. Norfolk provides regulatory guidance on state and federal regulatory issues arising from the disposition and acquisition of electric power and natural gas facilities, particularly in the context of the Federal Power Act and the Public Utility Holding Company Act of 2005. Additionally, he has prepared comprehensive regulatory and compliance initiatives for several Fortune 100 corporations.

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Description

PURPA, as implemented through FERC regulations, requires electric utilities to interconnect with QFs, purchase electricity from certain QFs, and provide backup energy to QFs at just, reasonable, and not unduly discriminatory rates and terms. PURPA also provides exemptions for certain QFs from numerous provisions of the Federal Power Act, the Public Utility Holding Company Act of 2005, and certain state laws and regulations.

FERC's PURPA regulations address: (1) avoided cost determinations for QF rates; (2) treatment of QF facilities located at the same site through a restructuring of the "one-mile rule;" (3) mandatory purchase obligations from QFs; (4) contracts and legally enforceable obligations (LEOs); and (5) QF certification, including self-certification and self-recertification. These sweeping revisions have caused both controversy and confusion. Energy counsel must understand the application of these rules and identify critical issues for certain facilities, developers, lenders, and operators.

Listen as our panel discusses vital aspects of the revised rules, requirements for electric utilities, changes to state authority to set QF rates, the "one-mile rule," QF certification, and other key issues.

Outline

  1. PURPA regulations
    1. Old vs. current rules
    2. FERC revisions
  2. Impact to QFs
    1. State authority to set QF rates
    2. Legally enforceable obligation to purchase QF output
    3. The "one-mile rule"
  3. QF certification
  4. Next steps and best practices for energy counsel

Benefits

The panel will review these and other key issues:

  • What are the key differences between the old vs. current PURPA regulations?
  • What revisions were made by FERC regarding the enforcement of the PURPA regulations?
  • What is the impact of these regulations on facilities?
  • What challenges result from the rules for QFs?
  • What authority has been granted to states under the revised regulations?
  • How do the revised regulations restructure the "one-mile rule"?
  • What is the impact on challenging QF certifications and recertifications?