D.C. Circuit Court Affirms FERC Order in Wind Farm Complaint Against PGE

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.  

Oregon Commission Adopts Guidelines and Requirements for Energy Storage Procurement

In the final days of 2016, the Oregon Public Utility Commission (Commission) issued an order implementing House Bill 2192 (HB 2193) and setting the stage for energy storage in Oregon. The Commission’s order adopts: 1) guidelines for utilities to submit proposals for authorization to develop storage projects; 2) requirements for evaluating a utility’s system-wide storage potential; and 3) minimum competitive bidding requirements for energy storage procurement.  

Oregon PUC Affirms PacifiCorp Power Costs

On December 20, 2016, the Oregon Public Utility Commission (Oregon Commission) approved PacifiCorp’s transition adjustment mechanism (TAM) filing, which sets its annual power costs and direct access stranded cost exit fees on customers that choose to purchase power from third party electricity service suppliers (ESS). The Oregon Commission essentially agreed with PacifiCorp on all major issues, rejecting recommendations by its Staff, industrial and residential customers, and an ESS.  

Oregon Commission Hesitant to Approve Rushed RFP Processes

The Oregon Public Utility Commission (Commission) declined to approve both PacifiCorp and Portland General Electric (PGE) explored their options for acquiring new renewable resources. The utilities proposed expedited request for proposals (RFP) to take full advantage of the federal production tax credit (PTC), before it begins stepping down in 2017, to help meet the new renewable portfolio standards implemented by SB 1547. Neither utility will acquire new renewable resources at this time.  

Oregon Commission Declines to Interfere with PacifiCorp’s Requests for Proposals

On May 19, 2016, the Oregon Public Utility Commission (Oregon Commission) denied Northwest and Intermountain Power Producers Coalition’s (NIPPC) petition for temporary rulemaking and investigation into PacifiCorp’s 2016 requests for proposals (RFP). NIPPC requested the Oregon Commission temporarily prohibit utilities from acquiring new renewable resources outside of the Oregon Commission’s competitive bidding guidelines. Although the Oregon Commission expressed sympathy for the concerns addressed in the petition, it concluded that it did not have the legal authority to prohibit utility ownership and declined to impose a partial remedy that might be seen as legitimizing PacifiCorp’s RFPs.  

Oregon Commission Does Not Approve NW Natural’s CHP Program

On March 30, 2016, the Oregon Public Utility Commission (Oregon Commission) denied Northwest Natural Gas Company’s (NW Natural) proposed Combined Heat and Power greenhouse emission reduction program (CHP Program). While the CHP Program was not approved, the Oregon Commission indicated support for voluntary natural gas emission reduction programs and suggested an alternative program design that it would approve.  

Oregon Commission Maintains 20 Year PURPA Contracts

On March 29, 2016, the Oregon Public Utility Commission (Oregon Commission) issued two orders resolving issues in PacifiCorp’s and Idaho Power’s separate proposals to lower the contract term and size thresholds for qualifying facilities (QF). The Oregon Commission retained the twenty-year contract term, with fifteen years of fixed prices. The Oregon Commission lowered the size threshold for published rates for solar QFs only to 3 megawatts (MW), but also allowed solar QFs to use standard contracts up to 10 MW in size. The Commission did not alter the size threshold for any other QFs.  

PacifiCorp’s Oregon Avoided Cost Rate Reduction Rejected

On March 22, 2016, the Oregon Public Utility Commission (Oregon Commission) issued an order rejecting PacifiCorp’s avoided cost rate reduction. PacifiCorp claimed not to need new renewable resources, which the Oregon Commission did not believe because the recent amendments to the Oregon renewable portfolio standard will double the utility’s need to acquire new renewable resources. The Commission directed PacifiCorp to work with staff, and other interested parties to establish a process to review PacifiCorp’s avoided cost rates.