June 01, 2013

FERC Sues State Commission for PURPA Failings

Scott Grover

On March 23, 2013, the Federal Energy Regulatory Commission (FERC) assumed a rare posture: federal district court plaintiff suing a state public utility commission. Calling it a “first of its kind” lawsuit, FERC initiated the enforcement action against the Idaho Public Utilities Commission (IPUC), alleging repeated failures by the IPUC to comply with the requirements of the Public Utility Regulatory Policies Act of 1978 (PURPA) relating to electricity sales to certain electric utilities by certain generating facilities. See FERC v. IPUC, No. 1:13-cv-141, Compl. (March 2, 2013, D. Idaho) (IPUC Complaint).

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