FERC Says Its Authority Preempts New Hampshire Power Law

Law360 (September 20, 2019, 8:16 PM EDT) -- The Federal Energy Regulatory Commission has said a recently enacted New Hampshire law forcing utilities to purchase power from waste and biomass generators at a set rate infringes on its exclusive authority over wholesale electricity sales.

In its monthly meeting Thursday, FERC agreed with a petition by the New England Ratepayers Association that said an obligation on utilities to purchase wholesale power from certain waste and biomass power producers violated the Federal Power Act and the Public Utility Regulatory Policy Act. New Hampshire’s law mandated that utilities purchase power from the waste generators at 80% of a retail rate.

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