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Sutherland Asbill & Brennan LLP Legal Alert: FERC Clarifies QF Recertification Requirement

By Daniel E. Frank and Caileen N. Gamache In an order issued on March 30, 2010, 1 the Federal Energy Regulatory Commission (FERC) clarified one ambiguity in its qualifying facility (QF) regulations, while leaving another in its wake. Resolved is the issue of whether a recertification filing is required...

Sutherland Legal Alert: Wind Farm Generators Required to Comply with Transmission Reliability Requirements

By Dan Frank, J.J. Kubicek and Alex Konieczny The Federal Energy Regulatory Commission (FERC) has found that two wind farm generators must comply with reliability requirements applicable to transmission owners and operators because of the tie-lines that interconnect their generating facilities to...

Troutman Sanders LLP: EPA Defers Application of CO2 Emissions Rules to Biomass

The EPA on July 1, 2011 issued a final rule deferring for three years application of the Clean Air Act's Prevention of Significant Deterioration ("PSD") and Title V permitting requirements to carbon dioxide ("CO2") emissions from biogenic stationary sources. EPA and the Science...

Ballard Spahr LLP: Today's Legal Regime for Biomass 'Qualifying Facilities' Under PURPA

By Daniel R. Simon Today's regulatory regime for a biomass qualifying facility (QF) is challenging. Long gone are the days when the Federal Energy Regulatory Commission required a host utility to purchase a biomass QF's energy output and exempted the facility from most regulatory requirements...

Cadwalader Clients & Friends Memo: FERC Confirms It Lacks Jurisdiction over Unbundled Renewable Energy Certificate Sales

On April 20, 2012, the Federal Energy Regulatory Commission ("FERC") issued an order accepting proposed revisions to the WSPP Agreement addressing sales of renewable energy certificates ("RECs") made pursuant to that agreement. In the course of issuing this order FERC confirmed something...