Sec. 2. Amendments to PURPA

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Section 210 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3 ) is amended by striking subsection

(a)and inserting the following: Not later than 1 year after the date of enactment of this Act, the Commission shall prescribe, and from time to time thereafter revise, rules as the Commission determines necessary to encourage cogeneration and small power production, and to encourage geothermal small power production facilities of not more than 80 megawatts capacity. The rules under paragraph (1)— shall require electric utilities to offer— to sell electric energy to qualifying cogeneration facilities and qualifying small power production facilities; and to purchase electric energy from facilities described in clause (i); shall be prescribed after consultation with representatives of Federal and State regulatory agencies having ratemaking authority for electric utilities, and after public notice and a reasonable opportunity for interested persons (including Federal and State agencies) to submit oral as well as written data, views, and arguments; shall include provisions requiring— minimum reliability of qualifying cogeneration facilities and qualifying small power production facilities (including reliability of those facilities during emergencies); qualifying facilities to be responsible for any costs needed to hold electric utility customers financially indifferent to the cost of enabling the firm delivery capability of the qualifying facility, including the cost of any facilities or network upgrades associated with the interconnection service of the qualifying facility and transmission service arrangements of the qualifying facility to deliver the power of the qualifying facility to electric utility customers; curtailment of qualifying facilities as the Commission determines necessary to ensure resource adequacy; and reliability of electric energy service to be available to facilities described in clause

(i)from electric utilities during emergencies; and may not authorize a qualifying cogeneration facility or qualifying small power production facility to make any sale for purposes other than resale. . Section 210(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3(b) ) is amended— in paragraph (1), by striking , and and inserting ; and ; by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B), respectively, and indenting the subparagraphs appropriately; in the matter preceding subparagraph

(A)(as so redesignated), by striking The rules prescribed under subsection

(a)shall insure and inserting the following: Subject to paragraph (2), the rules prescribed under subsection

(a)shall ensure ; and in the undesignated matter following subparagraph

(B)of paragraph

(1)(as so redesignated), by striking No such rule and inserting the following: No rule . Section 210(m)(1) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3(m)(1) ) is amended— in subparagraph (B)(ii), by striking or at the end; and by striking subparagraph

(C)and inserting the following: any independently administered, voluntary, auction-based energy market (including an energy imbalance market), regardless of whether— an applicable electric utility participating in such a market is a member of a regional transmission organization or an independent system operator; or such a market has a governance structure and operation that is wholly separate and autonomous from a regional transmission organization or an independent system operator; or wholesale markets that are of comparable competitive quality to markets described in subparagraph (A), (B), or (C). . Section 210(m) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3(m) ) is amended by adding at the end the following: For purposes of this subsection, a qualifying small power production facility with an installed generation capacity of 2.5 megawatts or greater is presumed to have nondiscriminatory access to the transmission and interconnection services and wholesale markets described in subparagraphs (A), (B), (C), and

(D)of paragraph (1). . Section 210(m) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3(m) ) (as amended by subsection (d)) is amended by adding at the end the following: Effective beginning on the date of enactment of this paragraph, no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a qualifying small power production facility under this section, if the appropriate State regulatory agency or non-regulated electric utility determines that— the electric utility has no need to purchase electric energy from the qualifying small power production facility in the quantities offered within the timeframe proposed by the qualifying small power production facility to meet any obligation to serve a customer, consistent with the needs for electric energy and the timeframe for those needs, as specified in the integrated resource plan of, or other applicable demonstration of need by, the electric utility; or the electric utility employs integrated resource planning or another applicable demonstration of need and conducts a competitive resource procurement process for long-term energy resources that provides an opportunity for qualifying small power production facilities to supply electric energy to the electric utility in accordance with the integrated resource plan of, or other applicable demonstration of need by, the electric utility. . Section 210 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3 ) is amended— in subsection (h)(2)(A)(i), by striking subsection

(f)or and inserting subsection (f); or ; and in subsection (k), by adding a period at the end.

Connections4 off-index

4 references not yet in our index

16 USC 824a–3
16 USC 824a–3(b)
16 USC 824a–3(m)(1)
16 USC 824a–3(m)

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cites case law

Sec. 2

Amendments to PURPA

Cite16 USC 824a–3

Cite16 USC 824a–3(b)

Cite16 USC 824a–3(m)(1)

Cite16 USC 824a–3(m)

Cites 4Cited by 0 across 0 sources