FERC declines to pursue PURPA enforcement case against Montana regulator, utility

摘要

FERC on Thursday opted not to bring enforcement action against thernMontana Public Service Commission and the utility NorthWesternrnunder the Public Utility Regulatory Policies Act, but issued arndeclaratory order that could aid FLS Energy if it chooses to pursue itsrnallegations of PURPA violations in a federal district court.rnUnder PURPA, utilities are required to purchase power from smallrnrenewable power plants and other so-called qualifying facilities at thernfull avoided cost of replacing that power with other generation. Statesrnare empowered to tailor their own avoided cost rules, providing a limitedrnexception to FERC’s exclusive authority over wholesale power sales.