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Franklin Energy Storage One, LLC v. Kjellander

2020 WL 265278 (2020)

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Franklin Energy Storage One, LLC v. Kjellander

United States District Court for the District of Idaho
2020 WL 265278 (2020)

SC

Facts

Franklin Energy Storage One, LLC (Franklin) (plaintiff) planned to build a battery-powered storage facility to store energy and sell it to electric utilities. Franklin planned it as a qualifying facility (QF) under the Public Utility Regulatory Policies Act of 1978 (PURPA). Under PURPA, electric utilities were required to buy energy from QFs at terms set by the Idaho Public Utilities Commission (IPUC). Franklin certified with the Federal Energy Regulatory Commission (FERC) that its project was an energy-storage QF. The project’s primary, but not sole, source of energy was solar. A prior IPUC order had established two types of QFs: wind or solar QFs and “other QFs.” Wind and solar QFs were entitled to two-year contracts, but other QFs were entitled to 20-year contracts on more favorable terms. The IPUC classified Franklin as an “other QF.” Idaho Power Company (Idaho Power) (defendant) petitioned the IPUC to classify Franklin as a solar QF. The IPUC granted Idaho Power’s request. Franklin appealed the IPUC order in federal court.

Rule of Law

Issue

Holding and Reasoning (Bush, J.)

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