On February 14, 2023, the United States Court of Appeals for the DC Circuit affirmed the Federal Energy Regulatory Commission’s (FERC) grant of qualifying facility (QF) status to Broadview Solar. The Court upheld FERC’s decision that a 160 MW solar-plus-storage project is a QF under the Public Utility Regulatory Policies Act (PURPA).
Oregon Commission Issues Order in Docket No. UM 2032 Related to Network Upgrade Cost Allocation and Interconnection Service for QFs
On January 20, 2023, the Oregon Public Utility Commission (Commission) released an order in Docket No. UM 2032 related to network upgrade cost allocation and interconnection service for qualifying facilities (QFs). The Commission directed Commission Staff to open an informal rulemaking related to state-jurisdictional transmission planning. The Commission also directed the utilities to accept an interconnection service besides Network Resource Integration Service (NRIS) if the QF will negotiate a non-standard contract and consent to curtailment.
Montana Commission Adopted New Competitive Bidding Rules
At the December 20, 2022 Business Meeting, the Montana Public Service Commission (the Commission) adopted new rules on electric utility competitive bidding and other issues. The new rules took effect on January 14, 2023.
Oregon Court of Appeals Affirms Oregon Public Utility Commission Order Regarding PGE’s PURPA Fixed Price Term and Oregon Public Utility Commission Jurisdiction
On January 5, 2023, the Oregon Court of Appeals affirmed an appeal of the Oregon Public Utility Commission’s (Commission) order in Docket No. UM 1931 regarding Commission jurisdiction over executed Public Utility Regulatory Policies Act (PURPA) contracts and the start of Portland General Electric Company’s (PGE) fixed-price term under then-existing standard power purchase agreements (PPA). The Court’s decision held that the 15-year fixed-price period under PGE’s then-existing PURPA PPAs began at contract execution not commercial operation date and that the Commission has jurisdiction over executed contracts between qualifying facilities (QFs) and the utilities.
Oregon Commission Acknowledges Idaho Power’s 2021 IRP
On December 30, 2021, Idaho Power filed its 2021 Integrated Resource Plan (IRP) with the Oregon Public Utility Commission (Commission). The Commission acknowledged the 2021 IRP and adopted Commission Staff’s recommendations at a public meeting on December 6, 2022 and memorialized that decision in an order on January 13, 2023.
Washington Commission Adopted Settlement that Increases Avista’s Avoided Costs
At the December 22, 2022 Open Meeting, the Washington Utilities and Transportation Commission (the Commission) approved Avista’s avoided cost Schedule 62 tariff filing for small qualifying facilities in Docket No. UE-220783. The new tariff was the result of an informal settlement between Avista, Commission Staff, the Northwest & Intermountain Power Producers Coalition (NIPPC), and the Renewable Energy Coalition (REC).
WUTC Approves Avista 2022 General Rate Case Settlement
On December 12, 2022, the Washington Utilities and Transportation Commission (the WUTC) approved a multiparty settlement stipulation (Settlement) subject to conditions for Avista Corporation’s (Avista) multi-year rate plan for electric and gas service in Docket Nos. UE-220053 and UG-220054. This was the first approved rate increase since the Washington Legislature passed legislation in 2021 requiring utilities to file multi-year rate plans.
OPUC Prohibits the Use of the “Agent Subscription Model” in Oregon’s Community Solar Program
On October 6, 2022, the Oregon Public Utility Commission (the Commission) issued an order prohibiting the use of the “agent subscription model” in the Oregon Community Solar Program (CSP).
Idaho, Oregon, and Utah Commission Orders on PacifiCorp IRPs
On September 1, 2021, PacifiCorp filed its 2021 Integrated Resource Plan (IRP) with the Idaho Public Utilities Commission (IPUC or Idaho Commission), Oregon Public Utility Commission (OPUC or Oregon Commission), and the Utah Public Service Commission (UPSC or Utah Commission). The Idaho Commission accepted and acknowledged the 2021 IRP in an August 30, 2022 written order. The Oregon Commission acknowledged the 2021 IRP, with conditions, at a public meeting on March 29, 2022, and memorialized that decision in an order on May 23, 2022. The Utah Commission declined to acknowledge the 2021 IRP in an order issued on June 2, 2022.
NIPPC Releases Whitepaper on How Competition Improves Decarbonization
On July 20, 2022, the Northwest & Intermountain Power Producers Coalition (NIPPC) released a whitepaper titled “The Role of Competition in the Pacific Northwest Clean Energy Transition,” that examines how wholesale and retail competition in the power sector can contribute to the Pacific Northwest’s decarbonization goals.