Broadview Solar Survives Challenge to Qualifying Facility Status

Broadview Solar, a solar energy producer in Montana, can keep the qualifying facility status bestowed upon it by the Federal Energy Regulatory Commission, the D.C. Circuit said.

Edison Electric Institute and NorthWestern Corp., two other utilities, challenged the designation, saying that it was inconsistent with the Public Utility Regulatory Policies Act. But the opinion by Judge David B. Sentelle said that FERC’s interpretation of the statute was entitled to deference.

Under PURPA, FERC may designate a small utility as a qualifying facility if its power production capacity is “not greater than 80 megawatts.” A benefit of being a qualifying ...