This course is intended for energy lawyers and other professionals new to the electric industry. The course provides an introduction to the Public Utility Regulatory Policies Act of 1978, as amended (PURPA) and how it has been implemented by the Federal Energy Regulatory Commission (FERC) and state public service commissions (PSCs). Our faculty will provide an overview of the enactment of PURPA and its key provisions; describe the obligations imposed on electric utilities under PURPA; explain how qualifying facility (QF) status is obtained, what QF status means, and why QF status is necessary and beneficial; address the determination of “avoided cost” rates paid to QFs; cover waivers and the termination of the must-purchase obligation under PURPA; address the PURPA enforcement regime; cover the PURPA ratemaking standards that states must consider; and wrap up with a discussion of recent developments and trends under PURPA.

Monday, November 13

PURPA Overview

QF Status

This session will cover:
A. Why it’s needed
1. Interconnection, sale of power
2. Regulatory exemptions (PUHCA, rate regulation, state regulation, etc.)
B. Criteria
1. Small power production – size, fuel source, “one mile” rule; hydro facilities
2. Cogeneration – operating and efficiency criteria, “fundamental use”
3. Ownership Rule
4. Certification – Form No. 556, filing obligation (initial and ongoing), revocation
C. Enforcement Issues (late filings, refund remedy, etc.)

Loni Silva
Attorney, Office of General Counsel
Federal Energy Regulatory Commission

Electric Utility Obligations

This session will cover:
A. What is an “Electric Utility”
B. Avoided cost data
C. Interconnection
D. Purchase obligation
1. Legally enforceable obligations
2. Section 210(m) (generally)
E. Sale Obligation
A. What is an “Electric Utility”
B. Avoided cost data
C. Interconnection
D. Purchase obligation
1. Legally enforceable obligations
2. Section 210(m) (generally)
E. Sale Obligation

Avoided Cost Rates

This session will cover:
A. Early Implementation
1. Avoided Costs Defined
2. How determined
B. Order No. 872 and market-based pricing
C. Additional Issues
1. Negotiated rates
2. Utility with excess capacity
3. Avoided cost of all-requirements customer

Tuesday, November 14

Waivers and Termination of Must-Purchase Obligation

This session will cover:
A. Waivers generally
B. Partial waivers in all-requirements context
C. Termination of must-purchase obligation
1. Adoption of Section 210(m) in EPAct 2005
2. FERC’s initial implementation
3. Expanded implementation

Enforcement

This session will cover:
A. Overview of PURPA enforcement regime
B. Implementation vs. “As applied” challenges

PURPA Standards (PURPA Title I)

This session will cover:
A. Overview:
1. Differentiation from Title II
2. Generally, what is required
3. Procedural requirements
B. Review of standards

Recent Developments and Trends

Type	Member Rate	Non-Member Rate
Virtual Participation	$290	$315
Attorney/Energy Professional	$390	$415
Young Lawyer	$315	$415
Government Attorney/EP/Academic	$365	$415
Solo Attorney/Small Firm	$390	$415
Student	$140	$415