EBA Energy Law Academy Course 202: An Introduction to PURPA

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EBA Energy Law Academy Course 202: An Introduction to PURPA

November 13, 2023 @ 12:00 pm November 14, 2023 @ 12:00 pm EST

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

12:00: Networking lunch

1:00: Introductions

1:10 – 2:10 PURPA Overview

This session will cover:
A. Historical context of enactment of PURPA in 1978
B. Outline of key provisions of statute
C. Initial implementation – Order Nos. 69 and 70
D. EPAct 2005 and Order Nos. 671 and 688 (overview)
E. Order No. 872 (overview)

Kathryn Douglass
Crowell & Moring LLP

2:15 – 3:00 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

3:00 – 3:45 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

Meg McNaul
Thompson Coburn LLP

4:00 – 5:30 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

David A. Fitzgerald
Attorney, Shareholder
Davison Van Cleve

Tuesday, November 14

8:00 Introduction Remarks

8:15 – 9:15 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

Dan Frank
Daniel E. Frank
Eversheds Sutherland (US) LLP

9:15 – 10:15 Enforcement

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

Jennifer L. Key
Steptoe & Johnson LLP

10:30- 11:00 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

David A. Fitzgerald
Attorney, Shareholder
Davison Van Cleve

11:00 – 11:30 SEIA v. FERC – Order No. 872 Appeal

Jonathan D. Schneider
Stinson LLP

TypeMember RateNon-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
700 6th St NW
Washington, District of Columbia 20001
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This program is eligible for 7.25 hours of CLE credit in 60-minute states and 8.7 hours of CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

To Receive CLE Credit:

If you have met the participation requirements, you will receive a personalized CLE affidavit from mcle-eba@americanbar.org for the program at which you attended at least one session to completion. Please check your spam or junk folders as these emails often end up there. Please note you will fill out one affidavit for the full event. Once you complete the affidavit, you will be able to download your certificate(s) of attendance and they will be emailed to you as well from mcle-eba@americanbar.org


EBA offers eligible student, government, and academic members discounts on the rates for most EBA programs which carry CLE credits, including EBA’s Annual and Mid-Year Meetings. EBA will, on a case-by-case basis, consider requests from members to attend EBA programs at a discounted rate. Discount requests must be made to EBA’s office at least fifteen days prior to the close of regular registration for the program in question. Requests will be considered by EBA if timely and complete. Discount requests must demonstrate a substantial financial hardship. Please submit your requests to jhannan@eba-net.org.