Scott Johnson Authors Law360 Article on FERC Small Power Generator Decision
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Law360 has published the article “FERC Reversal Is Bad News For Small Power Generators,” written by Scott Johnson, counsel at Akin Gump. The article, which originated as a post on the AG Speaking Energy blog, reports on a decision by the Federal Energy Regulatory Commission (FERC) to abandon “its long-standing approach for determining the power production capacity of a generation facility seeking small power production qualifying facility, or QF, status under the Public Utility Regulatory Policies Act, or PURPA.”
Johnson writes that the move “is a jarring departure from long-standing precedent that developers, owners and operators of, and investors in, small power production QFs have relied upon to determine the maximum net power production capacity of those facilities.” The most severe impact, he says, will likely be felt by oversized hybrid facilities, including “those that include both generation and energy storage components.”
For more on the implications of the FERC decision, and to read the article in its entirety, please click here.
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