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... Read More

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... Read More

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... Read More

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... Read More

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... Read More