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ARTICLE · 02 FEBRUARY 2011

Energy Industry Updates For January 2011

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FERC recently clarified federal preemption issues involved with state feed-in tariff programs in an order denying a rehearing request by several California utilities and the Edison Electric Institute (EEI) regarding California's proposed feed-in tariff program.

United StatesEnergy and Natural Resources
Foley & Lardner
Foley & Lardner
Jeffery Atkin
Jeffery Atkin
John Dunlap
John Dunlap
Thomas McCann Mullooly
Thomas McCann Mullooly
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FERC Denies Rehearing and Affirms Order on California's Feed-In Tariff Proposal

FERC recently clarified federal preemption issues involved with state feed-in tariff programs in an order denying a rehearing request by several California utilities and the Edison Electric Institute (EEI) regarding California's proposed feed-in tariff program. The decision confirms that states can combine their authority to set avoided cost rates with their authority to set energy procurement requirements for state utilities. This combination allows states to set avoided cost pricing with reference to a specific class of generators, essentially permitting the development of certain types of feed-in tariffs.

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