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How to soften the impact of FERC order limiting cogeneration right to backup power

Journal Article · · Energy User News; (United States)
OSTI ID:5989362

The Federal Energy Regulatory Commission (FERC) decision in a case involving a proposal in Puerto Rico will dampen third-party financing for cogeneration projects nationwide. The ruling held that a consuming facility or user whose energy-producing facility is owned and operated by a separate source is not entitled, under the Public Utility Regulatory Policies Act (PURPA), to backup power from its utility. The decision gives a narrow interpretation that considers only the energy-producing, and not the energy-consuming, aspect of the qualifying facility. Without third-party financing, tax-exempt entities and companies with no current tax liability cannot make use of the financial incentives for cogeneration. Despite a variety of restructuring and financing alternatives to avoid the problems posed by the decision, the FERC decision creates risks and regulatory uncertainties.

Research Organization:
Wickwire, Gavin and Gibbs, Washington, DC
OSTI ID:
5989362
Journal Information:
Energy User News; (United States), Journal Name: Energy User News; (United States) Vol. 11:4; ISSN EUSND
Country of Publication:
United States
Language:
English