18 C.F.R. §292.304 - Rates for purchases
| Cite as | 18 C.F.R. §292.304 |
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142 cases
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Niagara Mohawk Power Corp. v. F.E.R.C., 95-CV-634.
...promulgate regulations to that effect." Connecticut Valley, 208 F.3d at 1043. "[FERC] satisfied that obligation when it promulgated 18 C.F.R. § 292.304(a)(2)" which limits PPA rates to a utility's avoided costs. 35. Indeed, this Court rejected a nearly identical claim against FERC in NYSEG.......
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Great Divide Wind Farm 2 LLC v. Aguilar, CIV 19-0099 JB\CG
...from qualifying facilities either as the energy becomes available for purchase or "pursuant to a legally enforceable obligation." 18 C.F.R. § 292.304(d). Energy utilities that purchase pursuant to a legally enforceable obligation may pay at the qualified facilities' choice either "(i) [t]he......
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New York State Elec. & Gas v. Saranac Power, 97-CV-1169.
...even if they exceed a utility's avoided costs at the time of delivery. See NYSEG, 70 Page 221 F.E.R.C., at 61,116. To wit, FERC cited 18 C.F.R. § 292.304(b)(5) which In the case in which rates for purchases are based upon estimates of avoided costs over the specific term of the contract or ......
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Great Divide Wind Farm 2 LLC v. Aguilar, CIV 19-0099 JB\CG
...i.e. , at the beginning of that obligations specified term." MSJ at 15. Great Divide argues that this interpretation conflicts with 18 C.F.R. § 292.304(d)(2)'s plain language, because the NMPRC's interpretation does not grant a QF two rights: (i) the right to enter into a legally enforceabl......
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3 books & journal articles
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Decentralization and Deference: How Different Conceptions of Federalism Matter for Deference and Why That Matters for Renewable Energy
...16 U.S.C. §824a-3(c)(1). 43. See Allco Renewable Energy Ltd. v. Massachusetts Elec. Co., 208 F. Supp. 3d 390, 393 (D. Mass 2016). 44. 18 C.F.R. §292.304(d)(1). 45. Id . (“[T]he rates for such purchases shall be based on the purchasing utility’s avoided costs calculated at the time of delive......
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Legal After-Shocks on the Energy Seismograph: Judicial Prohibition of Recent State Regulation and Promotion of Power
...Article I and Article VI Constitutional Barriers to Renewable Energy in the U.S. Future , 17 Va. J. L. & Tech. 89 (2012). 76. See 18 C.F.R. §292.304(e). Avoided cost is deined as “the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase......
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Poultry waste tex credit.
...or sold to a third party subject to a mutually agreed on advance notice to the utility. Avoided-cost prices are determined under 18 CFR 292.304(d)(1) or any successor regulation. Planning Considerations The tax benefit for converting poultry waste to electricity is limited to owners and ope......