FERC Sows Confusion Over Small Power Producer Regulation

Law360 (September 30, 2020, 4:09 PM EDT) -- One would think the issue of jurisdiction over interconnections to distribution facilities for resources selling wholesale power could not get more complex. The Federal Energy Regulatory Commission's Order No. 2222 proves that it could.

Specifically, interconnections of qualifying facilities, or QFs, to distribution — an area where jurisdiction previously had been relatively clear — has been muddled a bit.

For decades, FERC has claimed that it has jurisdiction over the interconnection of QFs connected to the distribution systems of FERC-jurisdictional utilities, unless the QF was only selling, or could only sell, to the utility to which it was connected, and the sales were...

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