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U.S. District Court Grants the Motion for Preliminary Injunction in Department of Defense Review Freeze on Wind Energy Projects Case

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On August 6, 2026, the U.S. District Court for the District of Oregon granted the Motion for Preliminary Injunction filed by Plaintiffs, including energy trade organizations, environmental organizations, and several wind developers, requiring the Department of Defense to continue reviewing wind energy projects to determine if each project will have an adverse impact on military operations and readiness. 

Before August 2025, the Department of Defense evaluated wind energy projects in accordance with various statutes and regulations, which included a predictable timeline for review.  In August 2025, the Department of Defense stopped reviewing proposed wind energy projects when the Department of Defense refused to countersigning mitigation agreements.  In December 2025, the Department of Defense also stopped providing wind developers with draft mitigation agreements.  In April 2026, the Department of Defense cancelled further mitigation negotiations with proposed wind energy projects.  On May 7, 2026, the Department of Defense issued interim guidance related to its internal review of energy projects that essentially froze review for wind projects. 

Plaintiffs filed a lawsuit on May 31, 2026, alleging the Department of Defense’s review freeze on wind energy projects violates the Administrative Procedure Act (APA).  On June 22, 2026, the Plaintiffs filed an amended complaint and a motion for preliminary injunction.  The Motion for Preliminary Injunction requested the Court direct the Department of Defense to resume its review of proposed wind energy projects.  The Defendants filed a Response to the Motion for Preliminary Injunction, and the Plaintiffs filed a Reply in Support of the Motion for Preliminary Injunction.  Several stakeholders also filed amicus briefs in support of the Motion for Preliminary Injunction, including Conservative Energy Network (CEN), Conservative Texans for Energy Innovation (CTEI), a group of environmental organizations (Citizens Campaign for the Environment, Clean Air Task Force, Conservation Law Foundation, Environmental Defense Fund, Environmental Protection Information Center, Natural Resources Defense Council, New York League of Conservation Voters, and Sierra Club), a group of rural landowner groups (Center for Rural Affairs, Renew Missouri, CURE, Iowa Environmental Council, and Dakota Resource Council), a group of clinical professors of environmental law, and a group of several labor organizations (Climate Jobs Oregon, Climate Jobs Colorado, Texas Climate Jobs Project, Climate Jobs Illinois, Climate Jobs Washington, Michigan Climate Jobs, Climate Jobs Massachusetts, Maine Labor Climate Coalition, Climate Jobs New York Education Fund, Union Energy PA, and Iron Workers District Council of the Mid-Atlantic States).  Oral argument on the Motion for Preliminary Injunction was held on August 4, 2026. 

On August 6, 2026, the U.S. District Court for the District of Oregon granted the Motion for Preliminary Injunction.  First, the Court held Plaintiffs are likely to succeed on the merits of the APA claims because the Department of Defense’s review freeze violates statutory and regulatory deadlines governing the Department of Defense’s review of wind energy projects.  Second, the Plaintiffs demonstrated they would suffer irreparable harm through economic harm.  Third, the Plaintiffs demonstrated the balance of equities and the public interest weighed in favor of the injunction because the public interest is served by requiring the government to comply with law and the injunction only requested the Department of Defense continue its review of wind energy projects, not rule on any specific wind energy project. 

Sanger Greene PC (Irion Sanger and Ellie Hardwick) represents the CEN and CTEI  in this litigation.

CEN is a national network of 26 state and 13 local organizations championing secure, reliable, affordable, clean American energy. CEN leads conservatives wherever the conversation for a cleaner energy future is taking place and aims to restore American energy leadership, save Americans money, build American businesses, and secure the U.S. power grid. CEN believes market-based energy policies at the local, state, and federal levels will ensure the Nation remains energy dominant. CTEI is a Texas-based nonprofit organization dedicated to clean energy education and advocacy. Its mission is to promote energy innovation and technology-neutral, market-based energy policies that expand access to clean, affordable, and reliable energy.

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Utah Commission Approves Settlement Resolving Rocky Mountain Power Rate Case Appeal

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On July 31, 2026, the Utah Public Service Commission (UPSC) approved a settlement resolving Rocky Mountain Power’s appeal of the Commission’s 2025 general rate case and Energy Balancing Account (EBA) decisions.

The settlement follows Rocky Mountain Power’s appeal of the UPSC’s April 2025 general rate case (and consolidated dockets) order to the Utah Supreme Court.  In June 2026, Rocky Mountain Power, the Division of Public Utilities, Office of Consumer Services, Utah Association of Energy Users, Utah Large Customer Group, and UPSC executed a settlement stipulation and agreed to stay the appeal and seek a limited remand to the UPSC so that the Utah Commission  could consider and approve the settlement. The Utah Supreme Court granted the remand on July 1, 2026.

Under the settlement, Rocky Mountain Power will receive an additional $93 million in annual revenue requirement above the amount approved in the Commission’s 2025 general rate case ($87.2 million revenue requirement increase).  The increase consists of $34 million for capital structure, $15.4 million for return on equity, $34 million for liability insurance, and $9.6 million for wildland fire mitigation.

In exchange, Rocky Mountain Power agreed not to file another Utah general rate case with a rate-effective date before January 1, 2029 (“stay-out period”).  The settlement also establishes an earnings-sharing mechanism through the end of 2028.  If Rocky Mountain Power’s actual earnings exceed a 9.65 percent return on equity, the company will share a portion of those earnings with customers—50 percent of earnings up to 50 basis points above the 9.65 percent threshold (10.15 percent) and 75 percent of earnings above that level.

The settlement also includes a commitments by Rocky Mountain Power to invest approximately $2.2 billion in infrastructure in Utah before the end of the stay-out period; increases the Low-Income Lifeline monthly credit from $18 to $19 (roughly in line with the average residential increase as a result of the rate case and settlement); and allows Rocky Mountain Power to recover an additional $9.6 million in wildland fire mitigation costs on an interim basis from July 2026 through June 2027.  Those costs remain subject to future review, and amounts later determined not to have been prudently incurred will be credited back to customers.

The UPSC’s April 2025 order also approved an unopposed settlement stipulation resolving issues in Phase II of the general rate case, addressing cost of service and customer class pricing issues. Sanger Greene PC (Irion Sanger and Diego Rivas) represented Stadion LLC in the Rocky Mountain Power general rate case. Stadion LLC is a wholly-owned subsidiary of Meta Platforms, Inc. Meta has ambitious climate and renewable energy goals, including sourcing 100 percent of its global operations from renewable energy and achieving net zero greenhouse gas emissions across its value chain by 2030.

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Oregon Commission Finds PacifiCorp’s Actions ‘Unreasonable’ in Interconnection Cost Dispute

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On June 24, 2026, the Oregon Public Utility Commission (OPUC) issued an order in UM 2305 partially granting a complaint by Green Solar, LLC (Green Solar) against PacifiCorp regarding the cost to interconnect the small community solar project.  Specifically, in Order No. 26-217, the OPUC directed PacifiCorp to revise its final billing after finding several of the utility’s interconnection costs unreasonable.  Prior to the complaint, PacifiCorp attempted to charge Green Solar nearly double the initial estimates for the cost of interconnection.

The OPUC made four principle findings regarding unreasonable actions taken by PacifiCorp.  

First, the OPUC found that PacifiCorp failed to accurately identify existing utility infrastructure under its own substation, increasing undergrounding costs for communication infrastructure.

Second, the OPUC found PacifiCorp failed to properly coordinate internally in the handling of overlapping transmission upgrades.  PacifiCorp was aware that transmission poles needed to be replaced both for Green Solar’s interconnection and for a separate safety compliance project.  PacifiCorp proceeded with the safety compliance project without accounting for the known interconnection needs, resulting in duplicative replacement of utility poles within one year.

Third, the OPUC found PacifiCorp’s decision to charge Green Solar for faulty radio equipment unreasonable.  PacifiCorp had selected the vendor and purchased the radio equipment, but did not pursue a warranty remedy for the defective equipment. 

Fourth, the OPUC divided approximately $20,000 in overtime costs equally between Green Solar and PacifiCorp.  The OPUC found that both Green Solar and PacifiCorp contributed to delays in the project and that the resulting urgency at the end of the interconnection process was attributable to actions and inactions by both parties.

The order provides an important example of the OPUC’s approach to determining which costs are properly attributable to an interconnection customer and which costs must be borne by the utility.  The decision demonstrates that an interconnection customer may be responsible for reasonable costs exceeding an initial estimate, but that utilities may not be able to pass through all the costs resulting from their own errors, omissions, or failure to coordinate related system projects.  

Sanger Greene PC (Irion Sanger and Diego Rivas) represented Green Solar in the proceedings. Green Solar is a 2.875 MW community solar project near Culver, Oregon.

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Oregon Commission Adopts Rules on Alternative Dispute Resolution and Mediation

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On June 23, 2026, the Oregon Public Utility Commission (Oregon Commission or OPUC) adopted rules related to alternative dispute resolution (ADR) and mediation.  Many stakeholders, including the Renewable Energy Coalition, Community Renewable Energy Association, Oregon Solar + Storage Industries Association, NW Natural, Portland General Electric Company, and NewSun Energy, advocated for changes to the ADR and mediation rules throughout the rulemaking.  The Commission issued Order No. 26-216 on June 24, 2026 adopting Staff’s recommendations.

The revised rules make a series of changes.  First, the rules provide separate ADR and mediation processes for informal dispute resolution and eliminate the option of informal dispute resolution for declaratory rulings.  ADR applies to non-consumer complaints and mediation applies to consumer complaints.  The ADR rules are intended to promote voluntary settlement and reduce litigation.  Second, the ADR rules were amended to require both parties to jointly request ADR.  Third, the rules clarified that a request for ADR can be filed any time and does not have to be concurrent or after a complaint is filed with the Commission.  Thus, parties could file for ADR before a complaint is filed to try and avoid the need for the complaint.  Fourth, the rules established an expedited but flexible process for ADR with requirements for filing information, limitations on who can attend meetings, and timelines for meetings and decisions.  Fifth, the rules ensure all communications in ADR are confidential and will only be used for settlement.  Sixth, the rules establish that an administrative law judge presiding over ADR cannot preside over any related complaint or communicate with Commission Staff on the issue.  Finally, the rules allow the ADR facilitator to provide an independent assessment of issues and outcomes of the case if requested by a party. 

Sanger Greene (Irion Sanger and Ellie Hardwick) represented the Renewable Energy Coalition in the proceedings.  The Renewable Energy Coalition is an organization whose members include irrigation districts, water districts, corporations, small utilities, and individuals who own and operate nearly fifty qualifying facilities – small renewable energy generators that operate under the federal Public Utility Regulatory Policies Act.  The Coalition advocates to ensure that small renewable generation projects continue to make an important contribution to the Northwest’s energy future.

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Montana PSC Adopts Rules Implementing HB 55, Requiring an IE for Resource Procurements

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On June 19, 2026, the Montana Public Service Commission (MPSC) adopted rules related to the procurement of resources by regulated electric utilities in Montana.  The rulemaking in Docket No. 2025.08.058 implemented House Bill 55 (HB 55) from the 2025 legislative session and amended the Administrative Rules of Montana (ARM) 38.5.2020 through 38.5.2025 pertaining to utility least cost planning and competitive solicitations, and implemented three new rules (ARM 38.5.2026 through 38.5.2028) pertaining to an independent evaluator for the competitive solicitation process.

HB 55 developed out of the Select Committee on Energy Resource Planning and Acquisition (SCERPA) during the 2023-2024 interim legislative session and builds upon the competitive procurement requirements from House Bill 597 (2019).  The subsequent rulemaking, which was required to be completed by July 1, 2026, and made several updates to the rules.  First, as required in HB 55, the new rules require the use of an independent evaluator to provide feedback to the MPSC on the draft request for proposal (RFP) and scoring of bids in response to the final RFP.  Second, the rules require the use of a third-party administrator when a utility owned resource is a possible outcome of the competitive solicitation.  Third, the rules establish the mechanism for the selection of the independent evaluator, the independent evaluator’s scope of work, and the utility’s obligations in working with the independent evaluator.  The MPSC will maintain a list of qualified independent evaluators, and require the selection of the independent evaluator within 30 days after the utility files its intent to issue a competitive solicitation.  The utility’s notice of intent to issue a competitive solicitation must occur no less than 90 days prior to the release of the final RFP. 

Sanger Greene (Irion Sanger and Diego Rivas) represented the Northwest & Intermountain Power Producers Coalition (NIPPC) through the rulemaking process.  NIPPC represents electricity market participants in the Pacific Northwest, including independent power producers, electricity service suppliers, and transmission companies.  NIPPC is committed to facilitating cost-effective electricity sales, offering consumers choices in their energy supply, and advancing fair, competitive power markets.

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Oregon Commission Adopts Rules on Small-Scale Renewable Resources

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On May 26, 2026, the Oregon Public Utility Commission (Oregon Commission or OPUC) adopted rules related to the small-scale renewable (SSR) requirement at OAR 860-091.  This rulemaking originated with a petition for declaratory ruling by PacifiCorp on various SSR issues in Docket No. 58.  The Commission denied the petition but opened a rulemaking instead.  Many stakeholders, including the Renewable Energy Coalition, Community Renewable Energy Association, Oregon Solar + Storage Industries Association, Portland General Electric Company, PacifiCorp, and Alliance for Western Energy Consumers, advocated for changes to the SSR rules throughout the rulemaking.  The Commission issued Order No. 26-192 on May 27, 2026, adopting Staff’s recommendations.

The revised rules make a series of changes.  First, the baseline calculation of Aggregate Electrical Capacity (the denominator used to calculate the utility’s SSR obligation) was revised to include all of the utility’s generation resources, whether utility owned or through a contract, to serve Oregon load.  However, storage resources, SSR resources, and behind-the-meter resources are excluded from the calculation of Aggregate Electrical Capacity.  Second, the rules clarified that a utility’s compliance standard is calculated annually and 12 months prior to the due date for the compliance report.  Third, the rules clarified what resources are SSR-eligible, including resources eligible for Oregon’s Renewable Portfolio Standard, Community Solar Program projects, and front-of-meter resources incorporated into a microgrid or other resilience project.  Fourth, the rules clarified what resources are SSR-ineligible, including behind-the-meter resources and energy storage systems.

Sanger Greene (Irion Sanger and Ellie Hardwick) represented the Renewable Energy Coalition in the proceedings.  The Renewable Energy Coalition is an organization whose members include irrigation districts, water districts, corporations, small utilities, and individuals who own and operate nearly fifty qualifying facilities – small renewable energy generators that operate under the federal Public Utility Regulatory Policies Act.  The Coalition advocates to ensure that small renewable generation projects continue to make an important contribution to the Northwest’s energy future.

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OPUC Updates Oregon’s Direct Access Program

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On May 7, 2026, the Oregon Public Utility Commission (the Oregon Commission or OPUC) issued Order No. 26-153 in Docket No. UM 2024 updating Oregon’s direct access program and ordered compliance filings.

In the Order, the Oregon Commission addressed numerous components of direct access including transition adjustments, non-bypassable costs, election windows, program caps, eligibility, aggregation limits, resource adequacy, preferential curtailment, return to cost-of-service, default supply, and more.

Key parties included the Northwest & Intermountain Power Producers Coalition (NIPPC), Calpine Energy Solutions, LLC, Alliance for Western Energy Consumers, Commission Staff, Portland General Electric Company (PGE), PacifiCorp, Citizens’ Utility Board, and NewSun Energy. Stakeholders submitted several rounds of informal comments, straw proposals, three rounds of testimony, and two briefs.

Highlights of the Order include:

  • Set transition adjustment charges that will be charged for five years and updated annually.
  • Declined to set a floor or ceiling for the transition adjustment charges.
  • Eliminated PacifiCorp’s consumer opt-out charge and declined to let PGE create one similar to PacifiCorp’s.
  • Confirmed direct access customers must pay for non-bypassable charges but held individual non-bypassable charges will be dealt with in general rate cases or individual tariff proceedings.
  • Set the election window at one month for direct access program selection.
  • Kept caps in place but allowed the caps to be waived if certain criteria are met.
  • Allowed direct access customers to shift between direct access programs.
  • Allowed the utilities to maintain different aggregation minimums for direct access load.
  • Adopted a capacity backstop charge for direct access customers to pay to the utility for resource adequacy until October 1, 2029.
  • For preferential curtailment:
    • Set the size threshold of direct access load to be eligible at 10 MW;
    • Allowed critical facilities to participate;
    • Set schedule of 60 days for the utility to provide cost estimate for upgrades needed to be preferentially curtailable, 60 days for the direct access customer to execute the agreement, and one year for the utility to install the upgrades;
    • Allowed a direct access customer to switch between curtailable and non-curtailable service during the election window each year if space is available;
    • Allowed customers to designate a portion of their load as curtailable and a portion as non-curtailable; and
    • Adopted Staff’s list of potentially curtailable events.
  • Regarding default supply:
    • Allowed the utilities to have different return-to-service periods;
    • Required direct access customers on standard offer default supply to pay 125 percent of either Mid-C or EIM actual prices plus a demand charge or direct access customers who give notice to return to cost-of-service will only pay 100 percent of either Mid-C or EIM prices plus the demand charge; and
    • Adopted a one-time administrative charge of $5,000.
  • Gave direct access customers a year to opt out of direct access service or to rescind a notice provided during the calendar year prior to the order.
  • Required the utilities to file a report by 12 months after the final order detailing the number of direct access customers returning to cost-of-service, each customer’s demand in aMW, and each customer’s monthly generation in MWh over the previous year.

The utilities filed compliance filings by July 7, 2026.  NIPPC, AWEC, PacifiCorp, and NewSun Energy also filed Applications for Reconsideration.   

Sanger Greene (Irion Sanger, Max Greene, and Ellie Hardwick) represented the Northwest & Intermountain Power Producers Coalition. The Northwest & Intermountain Power Producers Coalition represents electricity market participants in the Pacific Northwest, including independent power producers, electricity service suppliers, and transmission companies.  NIPPC is committed to facilitating cost-effective electricity sales, offering consumers choices in their energy supply, and advancing fair, competitive power markets.

WPSC Updates Avoided Costs in Wyoming

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On April 30, 2026, the Wyoming Public Service Commission (WPSC) approved Rocky Mountain Power’s application to update its avoided cost methodology for qualifying facilities (QF) under Schedules 37 and 38. The WPSC adopted most of the Company’s proposal after the utility made significant changes based on testimony presented by the Renewable Energy Coalition (REC).  The order in Docket No. 20000-687-ET-25 updates both the company’s standard and non-standard avoided cost tariffs.  

Rocky Mountain Power, a subsidiary of PacifiCorp, request included two major changes.  First, Rocky Mountain Power requested and received approval to use the locational marginal price (LMP) from Western Energy Imbalance Market (WEIM) nodal information for non-firm energy purchases.  This issue was uncontested and follows the Federal Energy Regulatory Commission’s Order No. 872 in 2020, which allows utilities to use LMPs where appropriate.

Second, the WPSC approved revisions to Rocky Mountain Power’s Partial Displacement Differential Revenue Requirement (PDDRR) methodology for long-term avoided cost rates.  The revised methodology incorporates updated proxy resource assumptions and allows for a temporary use of third-party ownership of proxy resources because Rocky Mountain Power is not considering ownership of new generating assets in the short term. 

The updated avoided costs resulting from  the PDDRR methodology were substantially influenced by the involvement of REC in the proceeding.  First, REC proposed, and Rocky Mountain Power accepted, that wind and solar QFs be allowed to defer energy storage resources if wind and solar proxy resources were not included in the PDDRR inputs.  Previously, wind and solar resources could only defer other wind and solar resources, respectively.  Second, Rocky Mountain adjusted the allocation of the incremental cost of a displaced battery resource from 33 percent to 58 percent in the summer months for baseload QFs (hydro), consistent with the mix of summer and winter reliability events in the 2025 Integrated Resource Plan (IRP).  Third, Rocky Mountain Power adjusted avoided cost rates based on changes to federal tax policy.

REC also advocated for Rocky Mountain Power to apply the entirety of fixed capacity costs of avoided proxy resources in the summer months for baseload resources to reflect the need for capacity resources in the summer months.  Additionally, REC advocated that Rocky Mountain Power use the costs of a simple cycle combustion turbine as the proxy resource in years when a QF displaces Western Resource Adequacy Program (WRAP)-compliant market purchases.  The Commission ultimately rejected these proposals.

The new avoided cost rates became effective April 30, 2026. Sanger Greene PC (Irion Sanger and Diego Rivas) represented and assisted REC in the proceeding.

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Idaho PUC Approves Idaho Power 2032 Request for Proposals

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On April 27, 2026, the Idaho Public Utilities Commission (Idaho PUC or the Commission) issued an order in Case No. IPC-E-26-03 approving Idaho Power Company’s (Idaho Power) 2032 Request for Proposals (RFP) for capacity and energy resources.  This is the first RFP before the Idaho PUC since the Commission adopted new procurement rules in Order No. 36898.

Several parties submitted comments on Idaho Power’s draft RFP, including Idaho Irrigation Pumpers Association, Inc., Northwest & Intermountain Power Producers Coalition (NIPPC), City of Boise, Micron Technology, Inc., Renewable Northwest, and Idahome Energy. 

The Idaho PUC adopted several conditions on approval of the RFP.  First, the Commission directed Idaho Power to remove an imputed debt adder proposed for third-party power purchase agreement bids.  NIPPC and others argued the proposed imputed debt adder would unfairly bias the RFP in favor of utility-owned resources.  Second, the Idaho PUC adopted Idaho Power’s proposed language clarifying that 2031 commercial operation date (COD) bids would be evaluated before 2032 COD bids.  Third, the Idaho PUC required Idaho Power to engage an Independent Evaluator (IE).  The IE will perform bid scoring, validate benchmark bid assumptions and calculations, and produce a final report.  Fourth, the Idaho PUC directed Staff to review the selection and negotiation process.  Fifth, the Idaho PUC directed Idaho Power to revise RFP language changing the minimum bid criterion from “commercially proven technology” to “commercially available technology”.  Sixth, the Idaho PUC required a revision to the minimum bid criterion from a requirement that the generator interconnect status “matches” the COD submitted to a requirement that the generator interconnect status “supports” the COD submitted.  Finally, the Idaho PUC required revisions relaxing the requirement for projects to interconnect to Idaho Power’s system. 

Sanger Greene PC served as legal counsel for both NIPPC (Irion Sanger) and RNW (Max Greene) in the Idaho PUC’s docket addressing Idaho Power’s 2032 RFP. 

NIPPC represents electricity market participants in the Pacific Northwest, including independent power producers, electricity service suppliers, and transmission companies.  NIPPC is committed to facilitating cost-effective electricity sales, offering consumers choices in their energy supply, and advancing fair, competitive power markets. Renewable Northwest is a member-based nonprofit advocacy organization with a mission to decarbonize the region by accelerating the transition to renewable electricity.

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Oregon Commission Approves PacifiCorp’s Tier 5 Interconnection Process for Small Generators

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On March 31, 2026, the Oregon Public Utility Commission (Commission) approved PacifiCorp’s Tier 5 interconnection proposal for qualifying facility small generators with modifications. Many stakeholders, including Commission Staff, Community Renewable Energy Association, Oregon Solar + Storage Industries Association, Renewable Energy Coalition, and WynneWorks LLC advocated for changes to PacifiCorp’s Tier 5 proposal. The Commission issued Order No. 26-109 on April 1, 2026 adopting Staff’s recommendations.