Legal Opinion
Xcel Energy Services Inc. v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
Decided May 17, 2005No. 04-1182PublishedCited by 8 opinions
1Per curiam
Section 210 of the Public Utility Regulatory Policies Act (PURPA) requires the FERC to promulgate rules requiring electric utilities to offer to sell electricity to, and to purchase electricity from, “qualifying facilities” (QFs). 16 U.S.C. § 824a-3(a). The FERC must ensure that a QF’s selling rate does not exceed the purchasing utility’s “avoided cost,” which is “the cost to the electric utility of the electric energy which, but for the purchase from [the QF], such utility would generate or purchase from another source.” Id. § 824a-3(b). State public utility commissions (PUCs) are…
2Cases cited4 opinions
- Industrial Cogenerators v. Federal Energy Regulatory Commission, Florida Power Corporation Florida Public Service Commission, IntervenorsCourt of Appeals for the D.C. Circuit · 1995
- Connecticut Valley Electric Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2000
- Niagara Mohawk Power Corporation v. Federal Energy Regulatory Commission, Independent Power Producers of New York, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1997
- New York State Electric & Gas Corporation v. Federal Energy Regulatory Commission, Independent Power Producers of New York, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1997
3Cited by8 opinions
- Adrian Energy Associates v. Michigan Public Service Commission, Consumers Energy Company, Intervenor-DefendantCourt of Appeals for the Sixth Circuit · 2007
- Midland Power Cooperative v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2014
- Portland General Electric Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2017
- In Re Ownership of Renewable Energy CertificatesNew Jersey Superior Court Appellate Division · 2007
- Wheelabrator Lisbon Inc. v. State of Connecticut Department of Public Utility ControlDistrict Court, D. Connecticut · 2006
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