Niagara Mohawk Power Corp. v. United States Department of Energy
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
A cogeneration plant produces not only electric power but also steam or other thermal energy that can be used for various industrial or commercial purposes. 16 U.S.C. § 796. To encourage this source of energy, the Public Utilities Regulatory Policies Act of 1978, 16 U.S.C. § 824a-3 (“PURPA”), imposed a requirement on electric power utilities to purchase power from any qualifying facility (“QF”) — a cogeneration plant that meets PURPA’s QF standards. See 18 CFR §§ 292.101(b)(1), 292.203(b). The…
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