• U.S. Chamber Comments on the Notice of Proposed Rulemaking issued by FERC on PURPA

Letters
December 3, 2019

Dear Secretary Bose:

The U.S. Chamber of Commerce (“the Chamber”) appreciates the opportunity to submit these comments in response to the Notice of Proposed Rulemaking issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”) titled “Implementation Issues Under the Public Utility Regulatory Policies Act of 1978” (the “PURPA NOPR”).1 While the Commission does not have the authority to unilaterally modify the statutory text of the Public Utility Regulatory Policies Act of 19782 (“PURPA”), it rightly now proposes to update the Commission’s regulations implementing sections 201 and 210 of that act. Given that PURPA is now more than forty years old, it is long overdue for a modernization of its terms and conditions – consistent with FERC’s authority – as such is set forth in the PURPA NOPR. The Chamber generally supports the Commission’s efforts, and asserts that the modifications proposed by FERC will serve to maintain the benefits provided by PURPA for small power producers and cogeneration facilities while ensuring that states have greater flexibility in ensuring that the rates paid by customers for Qualifying Facility (“QF”) power are not unreasonably inflated compared to the applicable market-based rates for such electricity.