Winding Creek Solar, LLC v. Peterman, No. 17-17531 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's judgment for plaintiffs in an action brought under the Public Utility Regulatory Policies Act (PURPA) against Commissioners of the California Public Utilities Commission. In order to regulate terms under which electric utilities purchase power from Qualifying Cogeneration Facilities (QFs), the Commission established the Renewable Market Adjusting Tariff (Re-MAT) program.
The panel held that Re-Mat violates PURPA's requirements, because it caps the amount of energy utilities are required to purchase from QFs and because it sets a market-based rate, rather than one based on the utilities' avoided cost. Because California did not offer a PURPA-complaint alternative, the panel held that PURPA preempts Re-Mat. Finally, the district court did not abuse its discretion by fashioning equitable relief when it declined to award plaintiffs preferred remedy of a particular contract.