On April 25, 2017, the U.S. Court of Appeals for the D.C. Circuit (Circuit Court) dismissed petitions for review by PáTu Wind Farm (PáTu) and Portland General Electric Company (PGE) appealing Federal Energy Regulatory Commission (FERC) orders requiring PGE to purchase the full net output delivered by PáTu and rejecting PáTu’s request that PGE accept the power through specific transmission arrangements called dynamic transfer.
Utah Affirms PacifiCorp Maliciously Misappropriated Developer’s Trade Secrets
In 2012, a Utah jury found that after detailed negotiations and a series of counteroffers PacifiCorp “willfully and maliciously misappropriated a trade secret from USA Power” in order to build a power plant project in Mona, Utah without the project’s original developer. The jury awarded more than $133 million in damages. On May 16, 2016, the Utah Supreme Court affirmed the jury’s conclusions.
Washington Court Rejects PacifiCorp Rate Case Appeal
On April 27, 2016, the Washington Court of Appeals (Court) affirmed the Washington Utilities and Transportation Commission’s (Washington Commission) order in PacifiCorp’s 2013 general rate case. The Court affirmed the Washington Commission’s conclusions: 1) refusing to change the company’s cost allocation methodology; and 2) approving a hypothetical capital structure rather than the utility’s actual capital structure.
Ninth Circuit Rejects Challenge to FERC Decisions on BPA Oversupply
On August 10, 2015, the Ninth Circuit Court of Appeals (Ninth Circuit) rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decisions finding that Bonneville Power Administration’s (BPA) policies discriminated against wind generators. The Ninth Circuit did not address the merits of the appeal, but found that the BPA’s wholesale preference customers did not have statutory standing to challenge FERC’s decision.
Oregon Supreme Court Affirms OPUC Decision on Trojan Refunds
On October 4, 2014, the Oregon Supreme Court issued a decision that affirmed an order by the Oregon Public Utility Commission (Oregon Commission) requiring Portland General Electric Company (PGE) to refund amounts to its customers. Some of PGE’s customers and ratepayer advocates challenged the Oregon Commission’s decision on the grounds that the refunds to customers were insufficient.
Ninth Circuit Remands DSI Lookback to BPA
On September 18, 2014, the federal Ninth Circuit Court of Appeals held that Bonneville Power Administration’s (BPA) decision not to seek a refund of some of the amounts unlawfully paid to Alcoa could be arbitrary, capricious, or an abuse of discretion. In a 2-1 decision, the appellate court remanded the matter back to BPA to more carefully consider whether BPA should seek a partial refund from Alcoa. The Ninth Circuit also concluded that BPA has no general constitutional or statutory duty to seek a refund any time it makes an unlawful payment, and that BPA reasonably explained why it did not seek a refund from Port Townsend Paper. A third judge concurred with most of the ruling, but would have directed BPA to consider seeking larger refunds from Alcoa.
Fifth Circuit Limits PURPA Wind Sales
On September 8, 2014, the federal Fifth Circuit Court of Appeals issued an opinion that may make it more difficult for certain qualifying facilities (QFs) to sell power to electric utilities. The two-judge majority concluded that wind generation facilities owned by Exelon could not sell power pursuant to a “legally enforceable obligation” to Southwestern Public Service Corp. A legally enforceable obligation essentially means that the utility has a legal obligation to purchase power from the QF. The third judge issued a strongly worded dissent disagreeing with the majority’s holding and reasoning.
Washington Superior Court Reverses Part of PSE’s Energy Rate Plan
On July 25, 2014, Washington Superior Court Judge Carol Murphy issued a decision affirming most, but reversing a key part, of Puget Sound Energy’s (PSE) multi-year rate plan.