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California Public Utilities Commission

132 FERC ¶ 61,047 (2010)

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California Public Utilities Commission

Federal Energy Regulatory Commission
132 FERC ¶ 61,047 (2010)

  • Written by Robert Cane, JD

Facts

The California Public Utilities Commission (CPUC) (plaintiff) implemented a regulation requiring California utilities to offer a set price to certain small, combined-heat-and-power (CHP) generators. California Assembly Bill (AB) 1613 required utilities to offer to purchase electricity generated by certain CHP generators at a price set by the CPUC. These set prices were called feed-in tariffs. The CPUC exercised its jurisdiction under AB 1613 to require the purchase of electricity at a set price by utilities from highly efficient CHP generators for the purpose of reducing emissions. The CPUC filed a petition seeking a declaratory order from the Federal Energy Regulatory Commission (FERC), finding that the CPUC’s feed-in tariffs for CHP generators were not preempted by §§ 205 and 206 of the Federal Power Act (FPA), § 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), and FERC regulations. Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas & Electric Company filed a separate petition seeking a declaratory order that CPUC’s set rates are preempted by the FPA.

Rule of Law

Issue

Holding and Reasoning ()

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