Canadian Consulting Firm acquired by UK Giant

When, while lovely valley teems with vapour around meand eridian sun strikes the upper impenetrable foliage of my trees, and but a thousand unknown plants are noticed when I hear the buzz of the little world among the stalks,and grow familiar indescribable forms of the insects .and flies, then I feel the presence of the Almighty . who formed us in his own image . and the breath of that universal love which bears and sustains us, as it floats around us in an eternity of bliss; and then, my friend, when darkness overspreads my eyes, and heaven and earth seem to dwell in my soul and absorb its power, like the form of a beloved mistress, then I often think with longing, Oh, would I could describe these conceptions, could impress upon paper all that is living so full and warm within me, that it might be the mirror of my soul, as my soul is the mirror of the infinite God!

O my friend — but it is too much for my strength — I sink under the weight of the splendour of these visions! A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart. I am alone, and feel the charm of existence in this spot, which was created for the bliss of souls like mine.

I am so happy, my dear friend, so absorbed in the exquisite sense of mere tranquil existence, that I neglect my talents. I should be incapable of drawing a single stroke at the present moment; and yet I feel that I never was a greater artist than now.

When, while the lovely valley teems with vapour around me, and the meridian sun strikes the upper surface of the impenetrable foliage of my trees, and but a few stray gleams steal into the inner sanctuary, I throw myself down among the tall grass by the trickling stream; and, as I lie close to the earth, a thousand unknown plants are noticed by me: when I hear the buzz of the little world among the stalks, and grow familiar with the countless indescribable forms of the insects and flies, then I feel the presence of the Almighty, who formed us in his own image, and the breath of that universal love which bears and sustains us, as it floats around us in an eternity of bliss; and then, my friend, when darkness overspreads my eyes, and heaven and earth seem to dwell in my soul and absorb its power, like the form of a beloved mistress, then I often think with longing, Oh, would I could describe these conceptions, could impress upon paper all that is living so full and warm within me.

Ninth Circuit Rejects PURPA Implementation Claim as Moot in Unpublished Opinion

On June 3, 2019, the Ninth Circuit issued an unpublished Decision Memorandum in Bear Gulch, LLC et. al. v. Montana Public Service Commission, in which it found that the federal district court erred by not finding that certain arguments related to Montana’s generally applicable legally enforceable obligation (LEO) standard was moot. The Ninth Circuit found that the arguments raised by Bear Gulch Solar, LLC and other qualifying facilities developed by Cypress Creek Renewables (QFs) were mooted because the Montana Commission subsequently enacted a new LEO rule. 

Ninth Circuit Rules in Favor of Renewable QFs

On April 24, 2019, the Ninth Circuit Court of Appeals (Ninth Circuit) issued an opinion regarding the California Public Utilities Commission’s (“California Commission”) failure to properly implement the Public Utility Regulatory Policies Act (PURPA). Specifically, the Ninth Circuit held that the avoided cost price paid to a qualifying facility (QF) cannot be based on energy sources that do not meet California’s Renewable Portfolio Standard (RPS), if the state has an RPS and the utility is using the QF’s energy to meet the RPS. 

Montana District Court Finds that Public Service Commission Acted Arbitrarily and Unreasonably

On April 3, 2019, a Montana District Court Judge, Judge Manley, issued an order reversing the Montana Public Service Commission’s (“Montana Commission”) orders 7500c and 7500d that cut Public Utility Regulatory Policies Act (“PURPA”) standard avoided cost prices and contract lengths for qualifying facilities (“QFs”) offered by Montana utility NorthWestern Energy (“NorthWestern”). 

PGE Direct Access Status Quo Retained

On December 18, 2018, the Oregon Public Utility Commission (Oregon Commission) issued its final order resolving Portland General Electric Company’s (PGE’s) most recent general rate case. The Oregon Commission resolved numerous issues related to PGE’s overall customer rates, and adopted several different stipulations that the rate case parties had reached on various topics, allowing PGE a rate increase of 1.8 percent, rather than the 4.8 percent PGE originally requested. Importantly, the Oregon Commission maintained the status quo for PGE’s modestly successful direct access program.  

Oregon Commission Determines It Lacks Authority to Allow Utilities to Defer Costs Associated With Capital Projects

On October 29, 2018, the Oregon Public Utility Commission (Oregon Commission or OPUC) issued an order finding that it lacks the legal authority to allow utilities to defer, for later ratemaking consideration, the costs associated with their capital projects. The Oregon Commission’s decision represents a departure from its past practice, and also marked an instance of the Oregon Commission reaching a conclusion that was not advanced by any party to the proceeding.  

Oregon Public Utility Commission Codifies PURPA Policies

On October 29, 2018, the Oregon Public Utility Commission (Oregon Commission) issued modifications to its rules governing a utility’s purchase of power from qualifying facilities (QFs) under Oregon’s implementation of the Public Utility Regulatory Policies Act of 1978 (PURPA).  These rules were codified in the Oregon Commission’s rules after they were published by the Oregon Secretary of State on November 2, 2018.  The final rules are the culmination of a three-year old Petition for Rulemaking filed by Obsidian Renewables, LLC in November 2015.   

Oregon PUC Approves PGE Storage Pilot

On August 13, 2018, the Oregon Public Utility Commission (Oregon Commission) adopted a stipulation outlining an agreed approach to the development of five energy storage projects by Portland General Electric Company (PGE). The Oregon Commission concluded that PGE’s proposed structure for PGE’s Coffee Creek Request for Proposal (RFP) is reasonable; however, the Commission stated that it would require PGE to review ownership issues as part of future filings on the Coffee Creek project.  

Oregon Commission Denies Pre-Operational QF Capacity Changes

On August 2, 2018, the Oregon Public Utility Commission (Commission) issued an order denying three qualifying facilities (QFs) under the Public Utility Regulatory Policy Act of 1978 (PURPA) the ability to change their nameplate capacity after contract execution but prior to commencing commercial operations. The Commission interpreted the language in Portland General Electric Company’s (PGE’s) standard power purchase agreement as prohibitive of either an increase or decrease to nameplate capacity prior to commercial operation.