On March 8, 2022, the Oregon Public Utility Commission (the Commission) updated its community solar program (CSP) rules to clarify the procedures for dispute resolution and status revocation. Community solar allows ratepayers to support solar projects by subscribing to a share of a project’s output. The Oregon Solar + Storage Industries Association (OSSIA) was the only stakeholder to provide written comments. OSSIA and Commission Staff reached agreement on almost all of the proposed rule language.
OPUC Adopted New Rules Related to Small-Scale Renewable Energy Mandate
On December 15, 2021, the Oregon Public Utility Commission (the Commission) adopted new rules outlining electric utilities’ compliance with the small-scale renewable energy mandate in Oregon Revised Statute (ORS) 469A.210. Oregon House Bill 2021 increased the percentage of the utility’s aggregate electrical capacity that must come from eligible small-scale renewable projects from eight percent to ten percent. House Bill 2021 also expanded the compliance deadline from 2025 to 2030.
Washington Commission Approves PSE Interconnection Tariff
The Washington Utility and Transportation Commission (Washington Commission) approved a new interconnection tariff for Puget Sound Energy (PSE). PSE’s new tariff is only available to state jurisdictional qualifying facilities (QFs) interconnecting and selling power to PSE under the Public Utility Regulatory Policies Act (PURPA), and provides a third, lower cost option for interconnection service.
OPUC Acknowledged PacifiCorp’s 2020 RFP Shortlist with Conditions
On November 24, 2021, the Oregon Public Utility Commission (the Oregon Commission) acknowledged PacifiCorp’s 2020 Request for Proposals (RFP) final shortlist with several conditions. PacifiCorp will now negotiate power purchase agreement and build own transfer agreements with some or all of the over 3,500 MW of new wind, solar and battery storage projects.
OPUC Declines Jurisdiction over QF PPAs
On June 25, 2021, the Oregon Public Utility Commission (the Oregon Commission) dismissed the case brought against NewSun Energy (NewSun) by Portland General Electric (PGE) that sought to terminate the power purchase agreements (PPAs) of select qualified facilities (QFs). The primary dispute was over the timeline of the QFs to come online and be commercially viable. NewSun argued there was force majeure, or, unforeseeable and unpreventable circumstances which prevented the facilities from achieving their commercial operation dates. The Commission agreed concluded that case should be adjudicated in court and dismissed the case, without prejudice.
WUTC Approves PSE 2021 RFP With Modifications
On June 14, 2021, the Washington Utilities and Transportation Commission (Washington Commission) issued an order approving of Puget Sound Energy’s (PSE) All-Source Request for Proposals (RFP), with two significant modifications. First, the Washington Commission required PSE to remove a cost adder on PPA bids for a potential return on power purchase agreements (PPAs). Second, the Washington Commission required PSE to accept comments and hold a workshop on Effective Load Carrying Capability (ELCC) calculations. PSE expects that bids will be due September 1, 2021.
FERC Finds Utah QF Established LEO Prior to Utility’s PURPA Waiver Filing
On April 15, 2021, the Federal Energy Regulatory Commission (FERC) issued an order finding that a qualifying facility (QF) called Kanab Solar had established a legally enforceable obligation (LEO) to sell power to Garkane Energy Cooperative (Garkane) prior to the date that Garkane and its generation and transmission cooperative, Deseret Power, had petitioned FERC for waivers to some of their obligations under the Public Utility Regulatory Policies Act (PURPA). FERC granted the waivers. However, FERC also determined that Kanab Solar established a LEO before the petitions were filed. This means that the waivers do not affect Kanab Solar’s pre-existing right to choose to sell to Garkane rather than to Deseret Power.
Idaho Commission Determines that QFs Cannot Establish a LEO Unless the Utility Delays Contract Execution
In April 2021, the Idaho Public Utilities Commission (the Commission) affirmed its December 2020 order that qualifying facilities (QF) under the Public Utility Regulatory Policies Act of 1978 (PURPA) can only establish a Legally Enforceable Obligation (LEO) by filing a meritorious complaint against the purchasing utility before the utility’s rates change. This order means that QFs interested in selling to Idaho utilities can only lock in contract pricing by obtaining a fully executed contract before rates change or by demonstrating that a utility delayed contract execution.
Oregon Court of Appeals Dismisses Utility Appeal regarding PURPA Fixed Price Payments
In December 2020, the Oregon Court of Appeals dismissed Portland General Electric Company’s (PGE’s) appeal of the Oregon Public Utility Commission’s (Oregon Commission’s) decision in Docket No. UM 1805 regarding contract term requirements under the Public Utility Regulatory Policies Act (PURPA). The Court’s decision capped a series of decisions affirming a long-standing Oregon Commission policy where qualifying facilities (QFs) eligible for standard contracts receive 15 years of fixed price payments.
PacifiCorp Utah and Oregon GRC Orders
In late December 2020, the Utah Public Service Commission (Utah Commission) and the Oregon Public Utility Commission (Oregon Commission) issued separate orders on PacifiCorp’s Utah and Oregon general rate cases. On December 30, the Utah Commission granted an increase to PacifiCorp, dba Rocky Mountain Power’s (PacifiCorp) annual revenue requirement of $31.41 million. In its initial Utah filing, PacifiCorp sought to increase its retail rates by $95.78 million, or 4.8%. On December 18, 2020, the Oregon Commission ordered a decrease to PacifiCorp’s revenue requirement of approximately $20.9 million, representing a 1.6% decrease from the its previous rates. PacifiCorp’s initial Oregon filing sought an increase of $78 million, or approximately 6%.