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APPA moves to intervene in PURPA disconnection case

From the June 12, 2013 issue of Public Power Daily

Originally published June 12, 2013

By Robert Varela
Editorial Director
APPA has moved to intervene in a court challenge to the Federal Energy Regulatory Commission’s authority over a utility’s ability to disconnect a qualifying facility under the Public Utility Regulatory Policies Act (PURPA). With its orders finding disconnection of a qualifying facility’s retail service to be inconsistent with PURPA requirements, FERC "has inserted itself in a purely retail matter," APPA said in a June 10 motion in Midland Electric Power Cooperative and National Rural Electric Cooperative Association v. FERC.

With its orders in Swecker v. Midland Power Cooperative and State of Iowa, the commission "has significantly recast the scope of the issues under its consideration and created a new generic obligation under PURPA for a utility to seek prior FERC approval" before it can disconnect a qualifying facility’s retail service for nonpayment, APPA said in its motion to the U.S. Court of Appeals for the District of Columbia Circuit. The commission "has impinged on state and local provision and regulation of retail electric service."


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Senior Vice President, Publishing 
Jeanne Wickline LaBella

Editorial Director
Robert Varela

Editor, Public Power Daily
Jeannine Anderson

Communications Assistant
Fallon W. Forbush

Manager, Integrated Media 
David L. Blaylock

Integrated Media Editor 
Laura D’Alessandro