Public Power Daily Logo

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."

Ratings

Be the first to rate this item!

Please Sign in to rate this.

Comments

  Add Your Comment

(1000 of 1000 characters remaining)

Senior Vice President, Publishing 
Jeanne Wickline LaBella
202/467-2948
JLaBella@publicpower.org

Editorial Director
Robert Varela
202/467-2947
RVarela@publicpower.org

Editor, Public Power Daily
Jeannine Anderson
202/467-2977
JAnderson@publicpower.org

Communications Assistant
Fallon W. Forbush
202/467-2958
FForbush@publicpower.org

Manager, Integrated Media 
David L. Blaylock
202/467-2946
DBlaylock@publicpower.org

Integrated Media Editor 
Laura D’Alessandro 
202/467-2955 
LDAlessandro@publicpower.org