(a) Applicability. This section applies to qualifying facilities, other than those described in paragraph (b) of this section. This section also applies to qualifying facilities that meet the criteria of section 3(17)(E) of the Federal Power Act (16 U.S.C. 796(17)(E)), notwithstanding paragraph (b).
(b) Exclusion. This section does not apply to a qualifying small power production facility with a power production capacity which exceeds 30 megawatts, if such facility uses any primary energy source other than geothermal resources.
(c) General rule. Any qualifying facility described in paragraph (a) of this section shall be exempt from all sections of the Federal Power Act, except:
(1) Sections 205 and 206; however, sales of energy or capacity made by qualifying facilities 20 MW or smaller, or made pursuant to a contract executed on or before March 17, 2006 or made pursuant to a state regulatory authority's implementation of section 210 the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 824a-1, shall be exempt from scrutiny under sections 205 and 206;
(2) Section 1-18, and 21-30;
(3) Sections 202(c), 210, 211, 212, 213, 214, 215, 220, 221 and 222;
(4) Sections 305(c); and
(5) Any necessary enforcement provision of part III of the Federal Power Act (including but not limited to sections 306, 307, 308, 309, 314, 315, 316 and 316A) with regard to the sections listed in paragraphs (c)(1), (2), (3) and (4) of this section.
(Energy Security Act, Pub. L. 96-294, 94 Stat. 611 (1980) Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601, et seq., Energy Supply and Environmental Coordination Act, 15 U.S.C. 791, et seq., Federal Power Act, as amended, 16 U.S.C. 792 et seq., Department of Energy Organization Act, 42 U.S.C. 7101, et seq.; E.O. 12009, 42 FR 46267)
[Order 135, 46 FR 19232, Mar. 30, 1981, as amended by Order 569, 59 FR 40470, Aug. 9, 1994; Order 671, 71 FR 7868, Feb. 15, 2006; 72 FR 29063, May 24, 2007; Order 732, 75 FR 15966, Mar. 30, 2010]
Notes of Decisions
Allco Renewable Energy Ltd. v. Massachusetts Elec. Co., 875 F.3d 64 (1st Cir. 2017).
“18 C.F.R. § 292.601 (b). But, as National Grid correctly highlights, subsection 210(h)(1) specifically provides that in casés of regulatory overlap between PURPA and the FPA, the challenged PURPA regulation “shall be treated as a rule under the [FPA].”
Portland Gen. Elec. Co. v. Fed. Energy Regulatory Comm'n, 854 F.3d 692 (D.C. Cir. 2017).
“§ 824a-3(e) (permitting FERC to exempt certain qualifying facilities from regulation under the Federal Power Act); 18 C.F.R. § 292.601 (b) (exempting only small power producers with a capacity of under 30 megawatts).”
Consol. Edison Co. v. Pub. Serv. Comm'n, 472 N.E.2d 981 (NY 1984).
“To *432 avoid financially and administratively overburdening qualifying facilities, section 210 of PURPA authorizes FERC to exempt many Federal qualifying facilities from certain Federal and State laws, including the Federal Power Act (FPA) (see 16 USC § 824a-3 [e] [1]; 18 CFR…”
Greenwood v. New Hampshire Pub. Utils. Com'n, 527 F.3d 8 (1st Cir. 2008).
“§ 824a-3(e), and FERC’s implementing rules, 18 C.F.R. §§ 292.601 , 292.602. The four orders are (1) the 1988 order which modified the 1985 rate order by limiting Greenwood’s rate to twenty years from the original thirty years; (2) the 1988 order upholding that decision after a…”
Bristol Energy Corp. v. State of New Hampshire Pub. Utils. Comm'n, 13 F.3d 471 (1st Cir. 1994).
“FERC’s exemptions for QFs are codified at 18 C.F.R. §§ 292.601 and .602. Plaintiffs allege that PUC’s business and financial disclosure order violates the regulation exempting QFs from state regulation of the finances and organization of electric utilities.”
Consol. Edison Co. of New York, Inc. v. Pub. Serv. Comm'n, 98 A.D.2d 377 (N.Y. App. Div. 1983).
“304 [b] [2]), the statutory maximum rate, and ruled that all Federal qualifying facilities eligible for the exemption should be exempt from certain provisions of the Federal Power Act (18 CFR 292.601)._ *380 Also in 1980, New York State enacted legislation, like PURPA, designed…”
State ex rel. Utils. Comm'n v. North Carolina Power, 450 S.E.2d 896 (N.C. 1994).
“Under FERC regulations, the purchase price for power sold by cogenerators is exempt from regulation by FERC under the relevant provisions of the Federal Power Act, 18 C.F.R. § 292.601 (c), and the rate is determined under federal rules implemented by each state for utilities…”
Brazos Elec. Power Coop., Inc. v. Fed. Energy Regulatory Comm'n, 205 F.3d 235 (5th Cir. 2000).
“For example, qualifying co-generators are exempt from wholesale rate regulation under all federal and state public utility statutes, see 18 C.F.R. §§ 292.601 , 292.602, and utilities can be compelled to interconnect with them, paying rates no greater than the utility’s full…”
Brazos Elec Pwr Coop v. FERC, 205 F.3d 235 (5th Cir. 2000).
“For example, qualifying cogenerators are exempt from wholesale rate regulation under all federal and state public utility statutes, see 18 C.F.R. 292.601, 292.602, and utilities can be compelled to interconnect with them, paying rates no greater than the utility's full avoided…”
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