United States of America Before the Federal Energy Regulatory Commission
Qualifying Facility Rates and Requirements } Docket No. RM19-15-__
Implementation Issues Under the Public Utility Regulatory Policies
Act of 1978 } Docket No. AD16-16-__
Request for Rehearing of the Electric Power Supply Association
EPSA requests rehearing with respect to the Commission’s decision in the PURPA Final Rule, Order No. 872, in Docket No. RM19-15-001, et al. to allow states to eliminate the so-called “contract option” – i.e., the option for a qualifying facility (QF) to elect a legally enforceable obligation (LEO) under which energy purchases are priced based on the purchasing utility’s avoided costs at the time the LEO is incurred. EPSA argues the Commission failed to provide a meaningful response to arguments by EPSA and others that allowing states to eliminate the contract option was discriminatory, in violation of the requirements of Section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), and was not the product of reasoned decision-making.
