C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER K—REGULATIONS UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 › PART 292—REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION › Subpart C—Arrangements Between Electric Utilities and Qualifying Cogeneration and S…

18 C.F.R. § 292.301

Scope

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(a) Applicability. This subpart applies to the regulation of sales and purchases between qualifying facilities and electric utilities.

(b) Negotiated rates or terms. Nothing in this subpart:

(1) Limits the authority of any electric utility or any qualifying facility to agree to a rate for any purchase, or terms or conditions relating to any purchase, which differ from the rate or terms or conditions which would otherwise be required by this subpart; or

(2) Affects the validity of any contract entered into between a qualifying facility and an electric utility for any purchase.

Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 1986–2021 · leading case: Pub. Util. Comm'n v. Gulf States Utils. Co., 809 S.W.2d 201 (Tex. 1991).
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Pub. Util. Comm'n v. Gulf States Utils. Co., 809 S.W.2d 201 (Tex. 1991). · cites it 6× “The controversy arises because both sets of regulations expressly allow a utility and a QF to agree to any rate for purchased power, see 18 C.F.R. § 292.301 (b)(1) (1990); 16 Tex.”
Armco Advanced Materials Corp. v. Pennsylvania Pub. Util. Comm'n, 579 A.2d 1337 (Pa. Commw. Ct. 1990). · cites it 3× “18 C.F.R. § 292.301 (b). Where, as in the present case, a utility and a QF negotiate a contract, but the utility conditions its obligation to purchase on preapproval from the state PUC of recovery from ratepayers of the contract costs, and submits the contract to the PUC to…”
Smith Cogeneration Mgmt., Inc. v. Corp. Comm'n, 863 P.2d 1227 (Okla. 1993). · cites it 2× “We believe that such a request would preclude cogenerators from competing to fulfill an electric utility’s avoided energy and capacity needs. The FERC regulations do not prevent electric utilities and qualifying facilities from agreeing to a rate of purchase that differs from…”
Winding Creek Solar LLC v. Peevey, 293 F. Supp. 3d 980 (N.D. Cal. 2017). “Defendants believe that "WCS's failure to challenge the validity of the CPUC's primary PURPA program pursuant to 18 C.F.R. § 292.301 raises a new failure of WCS to exhaust its administrative remedies.”
Snow Mountain Pine Co. v. Maudlin, 734 P.2d 1366 (Or. Ct. App. 1987). · cites it 2× “3 Although an electric utility and a qualifying facility are free to negotiate the rate and terms of any purchase, 18 CFR § 292.301 (b)(1); OAR 860-29-005(2), the price paid must not be less than the utility’s “avoided costs.”
City of Boulder v. Pub. Serv. Co. of Colorado, 996 P.2d 198 (Colo. Ct. App. 1999). · cites it 2× “18 C.F.R. § 292.301 (b). PUC adopted rules as required by PURPA to implement FERC’s regulations, requiring electric utilities iii Colorado to purchase electricity and capacity from QFs at their avoided cost according to a tariff submitted annually by the utility and approved by…”
In Re East Georgia Cogeneration Ltd. P'ship, 614 A.2d 799 (Vt. 1992). · cites it 2× “" 18 C.F.R. §§ 292.301 (b), 292.304(d). " Avoided costs means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility .”
Lehigh Valley Power Comm. v. Pennsylvania Pub. Util. Comm'n, 563 A.2d 548 (Pa. Commw. Ct. 1989). · cites it 2× “Timely Rate Recovery It is clear from the previous discussion of the federal law that PP & L must enter into contracts with QFs.”
Armco Advanced Materials Corp. v. Pennsylvania Pub. Util. Comm'n, 634 A.2d 207 (Pa. 1993). · cites it 2× “18 C.F.R. § 292.301 . However, these agreements cannot be for amounts higher than the utility's "avoided costs.”
Barasch v. Pennsylvania Pub. Util. Comm'n, 546 A.2d 1296 (Pa. Commw. Ct. 1988). “18 C.F.R. §292.301 . Thus, even if a state chooses to implement the FERC regulations by adopting rules of its own prescribing a purchase rate in detail, a utility and a QF may still negotiate a different rate, using the state-prescribed rate as a baseline.”
Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986). “” 39 See 18 C.F.R. § 292.303 (a) and (b), and § 292.”
Consumers Power Co. v. Pub. Serv. Comm'n, 472 N.W.2d 77 (Mich. Ct. App. 1991). “However, Consumers argues that these provisions must be read in conjunction with 18 CFR 292.301, which provides: (a) Applicability.”
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— 18 C.F.R. § 292.301(b) — 2 cases
Snow Mountain Pine Co. v. Maudlin, 734 P.2d 1366 (Or. Ct. App. 1987). “3 Although an electric utility and a qualifying facility are free to negotiate the rate and terms of any purchase, 18 CFR § 292.301 (b)(1); OAR 860-29-005(2), the price paid must not be less than the utility’s “avoided costs.”
In Re Vicon Recovery Sys., 572 A.2d 1355 (Vt. 1990).
— 18 C.F.R. § 292.301(b)(1) — 1 case
In re: Cube Yadkin Generation (N.C. Ct. App. 2019).
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