(a) Obligation to purchase from qualifying facilities. Each electric utility shall purchase, in accordance with § 292.304, unless exempted by § 292.309 and § 292.310, any energy and capacity which is made available from a qualifying facility:
(1) Directly to the electric utility; or
(2) Indirectly to the electric utility in accordance with paragraph (d) of this section.
(b) Obligation to sell to qualifying facilities. Each electric utility shall sell to any qualifying facility, in accordance with § 292.305, unless exempted by § 292.312, energy and capacity requested by the qualifying facility.
(c) Obligation to interconnect. (1) Subject to paragraph (c)(2) of this section, any electric utility shall make such interconnection with any qualifying facility as may be necessary to accomplish purchases or sales under this subpart. The obligation to pay for any interconnection costs shall be determined in accordance with § 292.306.
(2) No electric utility is required to interconnect with any qualifying facility if, solely by reason of purchases or sales over the interconnection, the electric utility would become subject to regulation as a public utility under part II of the Federal Power Act.
(d) Transmission to other electric utilities. If a qualifying facility agrees, an electric utility which would otherwise be obligated to purchase energy or capacity from such qualifying facility may transmit the energy or capacity to any other electric utility. Any electric utility to which such energy or capacity is transmitted shall purchase such energy or capacity under this subpart as if the qualifying facility were supplying energy or capacity directly to such electric utility. The rate for purchase by the electric utility to which such energy is transmitted shall be adjusted up or down to reflect line losses pursuant to § 292.304(e)(4) and shall not include any charges for transmission.
(e) Parallel operation. Each electric utility shall offer to operate in parallel with a qualifying facility, provided that the qualifying facility complies with any applicable standards established in accordance with § 292.308.
[Order 688, 71 FR 64372, Nov. 1, 2006; 71 FR 75662, Dec. 18, 2006]
Notes of Decisions
Pub. Serv. Co. of Oklahoma v. State Ex Rel. Oklahoma Corp. Comm'n, 2005 OK 47 (Okla. 2005).
· cites it 6× “[98] When an electric utility purchases a QF's total output, it is obligated to interconnect under the provisions of 18 C.F.R. § 292.303 and the relevant state agency exercises authority over the interconnection and the allocation of interconnection costs.”
Winding Creek Solar LLC v. Carla Peterman, 932 F.3d 861 (9th Cir. 2019).
· cites it 3× “18 C.F.R. § 292.303 (a). And it requires these utilities to pay the same rate they would have if they had obtained that energy from a source other than the QFs.”
Winding Creek Solar LLC v. Peevey, 293 F. Supp. 3d 980 (N.D. Cal. 2017).
· cites it 3× “" 18 C.F.R. § 292.303 (a)(1). A few exceptions exist for this mandatory purchase obligation, but the parties agree that they do not apply here.”
Californians For Renewable Energy v. Ca Puco, 922 F.3d 929 (9th Cir. 2019).
· cites it 2× “may assess against the qualifying facility on a nondiscriminatory basis with respect to other customers with similar load characteristics.”
Gregory Swecker v. Midland Power Coop., 807 F.3d 883 (8th Cir. 2015).
· cites it 12× “” 18 C.F.R. § 292.303 (a). Rule 304 reiterates the statutory mandates regarding rates and provides that a rate equaling avoided costs satisfies PURPA.”
Consumers Power Co. v. Pub. Serv. Comm'n, 472 N.W.2d 77 (Mich. Ct. App. 1991).
· cites it 3× “Finally, § 210(f) requires each state regulatory authority (such as the psc) and nonregulated utility to implement the ferc’s rules. In 1980, the ferc adopted regulations implementing the purpa, codified at 18 CFR 292.”
Am. Paper Inst., Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402 (1983).
“The second regulation at issue here, 18 CFR §292.303 (1982), provides that electric utilities shall purchase electricity made available by qualifying facilities, sell electricity to qualifying facilities upon request, and, most important for present purposes, “make such…”
Greensboro Lumber Co. v. Georgia Power Co., 844 F.2d 1538 (11th Cir. 1988).
· cites it 2× “18 C.F.R. § 292.303 (b) (1987). 3 Greensboro complains that the MEAG Group’s Interconnection Policy prevents sales of electricity from MEAG to Greensboro, in violation of this regulation.”
Am. Forest & Paper Ass'n v. Fed. Energy Regulatory Comm'n, 550 F.3d 1179 (D.C. Cir. 2008).
· cites it 2× “§ 824a-3(a); 18 C.F.R. § 292.303 (a). FERC was charged with promulgating rules pursuant to PURPA, which imposed certain mandatory “obligations to purchase” — situations in which a utility had to buy energy from a QF.”
Allied Chem. v. Niagara Mohawk Power Corp., 528 N.E.2d 153 (NY 1988).
“) and the regulations of the Federal Energy Regulatory Commission (see, 18 CFR 292.303, 292.304) require that regulated utilities purchase electricity from certain alternative generators of electricity known as "qualifying cogenerating facilities”.”
— 18 C.F.R. § 292.303(a) — 3 cases
Consumers Power Co. v. Pub. Serv. Comm'n, 472 N.W.2d 77 (Mich. Ct. App. 1991).
“Finally, § 210(f) requires each state regulatory authority (such as the psc) and nonregulated utility to implement the ferc’s rules. In 1980, the ferc adopted regulations implementing the purpa, codified at 18 CFR 292.”
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