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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. Ill. Comp. Stat. Ann. 5/8-403.1(b) (West 2001). A "qualified solid waste energy facility" is one which qualifies under the Illinois Local Solid Waste Disposal Act that uses methane gas generated from landfills as its primary fuel and which qualifies as a cogeneration or small power production facility under federal law.
  2. 220 Ill. Comp. Stat. Ann. 5/8-403.1(c) (West 2001).
  3. 220 Ill. Comp. Stat. Ann. 5/8-403.1(c).
  4. Stranded costs are those costs incurred by utilities, recovery of which might be obstructed by the introduction of a competitive industry under state restructuring statutes, which must be built into the retail rates of the utilities to compensate them for prudent actions previously taken before the advent of competition. Mass. Inst. of Tech. v. Dep't of Pub. Utils., 425 Mass. 856, 858 n.4, 684 N.E. 2d 585 (1997).
  5. Gregory N. Basheda et al., "The FERC, Stranded Cost Recovery, and Municipalization," 19 Energy Law Journal, 351, note 26 (1998). "The main categories of individual stranded cost components include: generating units, fuel purchase contracts, purchased power agreements, non-utility generation and PURPA contracts, regulatory assets, decommissioning costs for nuclear and non-nuclear power plants, and labor retraining and transition costs."
  6. Conn. Gen. Stat. § 16-245e(g) (2001)
  7. Code Me. R. § 65-407-307(J)(2002)
  8. 16 Tex. Admin. Code § 25.227 (c)(6) (2002).
  9. Michigan Public Utilities Reports, Fourth Series, Slip Opinion, Michigan Public Service Commission (Feb. 11, 1998) (stating the Commission calculated costs for Detroit Edison in five categories: (1) nuclear capital costs, (2) capacity costs in power purchase agreements, (3) regulatory assets, (4) implementation costs, and (5) retraining costs).
  10. Investigation of GIS Certificates Associated with Qualifying Facility Agreements, Maine PUC Docket No. 2002-506 (Sept. 6, 2002) at 4.
  11. See http://www.green-e.org/ipp/marketer_requirements.html (last visited July 12, 2002).
  12. , at 3, 10 (March 5, 2001 draft).
  13. ISO New England website http://www.iso-ne.com/committees/Generation_Information_System/Approved_GIS_Operating_Rules.doc (last visited July 15, 2002).
  14. New England Power Pool Generation Information System Operating Rule 2.6 (2002).
  15. 26 U.S.C. § 45.
  16. 26 U.S.C. § 48.
  17. 42 U.S.C. § 7651, et seq.

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