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 D—Implementation

18 C.F.R. § 292.401

Implementation of certain reporting requirements

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Any electric utility which fails to comply with the requirements of § 292.302(b) shall be subject to the same penalties to which it may be subjected for failure to comply with the requirements of the Commission's regulations issued under section 133 of PURPA.

[45 FR 12236, Feb. 25, 1980. Redesignated by Order 541, 57 FR 21734, May 22, 1992]
Notes of Decisions
Cited in 20 cases, 1982–2015 · leading case: Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982).
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Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982). · cites it 4× “" 18 CFR § 292.401 (a) (1980). In essence, then, the statute and the implementing regulations simply require the Mississippi authorities to adjudicate disputes arising under the statute.”
Afton Energy, Inc. v. Idaho Power Co., 693 P.2d 427 (Idaho 1984). · cites it 6× “" 18 C.F.R. § 292.401 (a) (1980). Moreover, the United States Supreme Court has interpreted PURPA as imposing requirements on state regulatory authorities in excess of their duties under state law.”
In Re East Georgia Cogeneration Ltd. P'ship, 614 A.2d 799 (Vt. 1992). · cites it 4× “The assessment of "economic benefit" under § 248(b)(4) ensures that the rates will be "just and reasonable" to Vermont ratepayers.”
Consumers Power Co. v. Pub. Serv. Comm'n, 472 N.W.2d 77 (Mich. Ct. App. 1991). · cites it 2× “Finally, to implement § 210(f) of the purpa, which requires each state regulatory authority and nonregulated utility to implement the ferc’s rules, the ferc adopted 18 CFR 292.401, which provides in part: (a) State regulatory authorities.”
In Re Investigation of November 15, 1990 Rate Design Filing of Vermont Power Exch., 617 A.2d 418 (Vt. 1992). · cites it 2× “18 C.F.R. § 292.401 (a). The second is a Vermont statute enacted to give the PSB jurisdiction over PURPA implementation.”
Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986). “§ 824a-3(f); 18 C.F.R. § 292.401 (b). Following public hearings, the Oglethorpe Group adopted an Interconnection Policy which provided that only Oglethorpe would purchase energy and capacity from qualifying facilities, and only the EMCs would sell energy and capacity to…”
Empire Lumber Co. v. Washington Water Power Co., 755 P.2d 1229 (Idaho 1988). · cites it 2× “" The FERC regulation, 18 C.F.R. § 292.401 (a) (1980), further provides: Such [state] implementation may consist of the issuance of regulations, an undertaking to resolve disputes between qualifying facilities and electric utilities under subpart C (arrangements between electric…”
Wilson v. Harlow, 860 P.2d 793 (Okla. 1993). “§ 824a-3(f)(l) and 18 C.F.R. § 292.401 (a), the State of Oklahoma designated the Corporation Commission as the state regulatory agency responsible for implementing and enforcing PURPA.”
Armco Advanced Materials Corp. v. Pennsylvania Pub. Util. Comm'n, 579 A.2d 1337 (Pa. Commw. Ct. 1990). “FERC’s rule relating to state regulatory authority implementation, 18 C.F.R. § 292.401 , provides in part: (a) State regulatory authorities.”
Rosebud Enter., Inc. v. Idaho Pub. Utils. Comm'n, 917 P.2d 766 (Idaho 1996). “602 (e)(2); 18 C.F.R. § 292.401 (1995). What Rosebud characterizes as on-going regulation was simply a project-specific determination of rates for a qualifying facility greater than 10 megawatts.”
AW Brown Co., Inc. v. Idaho Power Co., 828 P.2d 841 (Idaho 1992). “18 C.F.R. § 292.401 . In response to these FERC and PURPA requirements, the Idaho Public Utilities Commission (PUC or Commission) established regulations under which Idaho utilities are to purchase power from CSPP’s.”
Petition of Dept. of Pub. Serv., 632 A.2d 1373 (Vt. 1993). · cites it 2× “The Board has jurisdiction “in all matters” involving the sale of electricity generated by qualifying facilities.”
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— 18 C.F.R. § 292.401(a) — 2 cases
Consumers Power Co. v. Pub. Serv. Comm'n, 472 N.W.2d 77 (Mich. Ct. App. 1991). “Finally, to implement § 210(f) of the purpa, which requires each state regulatory authority and nonregulated utility to implement the ferc’s rules, the ferc adopted 18 CFR 292.401, which provides in part: (a) State regulatory authorities.”
Entergy Texas, Inc. v. Pub. Util. Comm'n of Texas, Off. of Pub. Util. Couns., & Texas Indus. Energy Consumers (Tex. App. 2015).
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