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The Green Controversy

Who should have "green tag" ownership under power purchase agreements, the buyers or the sellers?
Fortnightly Magazine - November 1 2002
  1. energy derived from trash-to-energy facilities and non-Class I biomass facilities meeting certain requirements.
  2. See, e.g., Mass. Regs. Code tit. 220, § 11.06 (2) (d) (2002) (requiring customer disclosure labels with information on fuel, emissions and labor characteristics); Code Me. R § 65-407-306 (2)(E)(2) (2002) (requiring competitive electric suppliers to disclose fuel mix and emissions characteristics); R.I. Code R. 90 000 016 (2002) (requiring non-regulated power producers to provide information to customers about fuel and environmental aspects); cf. Conn. Gen. Stat. § 16-245p (2001) (electric suppliers must submit quarterly reports to the Department of Public Utility Control with information on energy sources and emissions data that the Department will make available to customers).
  3. 18 C.F.R. § 292.303(a).
  4. 18 C.F.R. § 292.204(b)(1)(i).
  5. 16 U.S.C.S. § 824a-3(b) (2001). PURPA requires the Commission to ensure that rates for sales under PURPA that do not exceed the "incremental cost to the utility of alternative electric energy."
  6. 16 U.S.C.S. § 824a-3(d) (2001). "[T]he term incremental cost of alternative electric energy means, with respect to electric energy purchased from a qualifying cogenerator or qualifying small power producer, the cost to the electric utility of the electric energy which, but for the purchase from such cogenerator or small power producer, such utility would generate or purchase from another source."
  7. Jeanne M. Dennis, Comment, Smoke for Sale: Paradoxes and Problems of the Emissions Trading Program of the Clean Air Act Amendments of 1990, 40 UCLA L. Rev. 1101, 1106-1107 (1993).
  8. Investigation of GIS Certificates Associated with Qualifying Facility Agreements, Maine PUC Docket No. 2002-506 (Sept. 6, 2002).
  9. Mich. Comp. Laws Ann. § 460.6o(2)(2002).
  10. "Resource recovery facility" is defined as "a facility that meets all of the following requirements: (i) Has machinery, equipment, and structures installed for the primary purpose of recovering energy through the incineration of qualified solid waste, qualified landfill gas, or scrap tires. (ii) Utilizes at least 80% of its total annual fuel input in the form of qualified solid waste, at least 90% of its total annual fuel input in the form of qualified landfill gas, or 90% of its total annual fuel input in the form of scrap tires, exclusive of fuel used for normal start-up and shutdown. (iii) Is a qualifying facility as defined by the federal energy regulatory commission pursuant to the public utility regulatory policies act of 1978, Public Law 95-617, 92 Stat. 3117. " Mich. Comp. Laws. Ann. § 460.6o(1)(a).
  11. Or. Rev. Stat. § 758.525 (2) (2001).
  12. Or. Rev. Stat. § 758.505(1) (2001). The price for this purchase shall not be less than "the incremental cost to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility."
  13. Minn. Stat. Ann. § 216B.164 Subd. 4(b) (2001).
  14. Fla. Stat. Ann. § 366.051 (West 2001). "A utility's full avoided costs are the incremental costs to the utility of the electric energy or capacity, or both, which, but for the purchase from cogenerators or small power producers, such utility would generate itself or purchase from another source."
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