Qualifying Cogeneration Facilities In a Post-energy Policy Act World: Challenges and Opportunities

Authors

  • Laurel W. Glassman

DOI:

https://doi.org/10.13052/dgaej2156-3306.2211

Abstract

Much has been written, of the doom-and-gloom variety, about the
future of qualifying cogeneration facilities after passage of the Energy
Policy Act of 2005 (EPAct) in August, 2005. It is true that cogenerators
will face a number of challenges. Yet, there remain signi ficant—and
unique—benefits and opportunities for cogeneration Quali fied Facilities
(QFs). Of course, these benefits may depend upon the size of a particular
QF, its location, con figuration, regulatory status, and other factors. But
the right combination of these factors could provide economic advan-
tages to cogeneration QFs, while relieving them of most of the regulatory
requirements of the Federal Power Act (FPA), the Public Utility Holding
Company Act of 2005 (PUHCA 2005), and state utility laws.
This article describes the new post-EPAct world for cogeneration
QFs, the challenges that will be faced by both “existing” and “new”
cogeneration QFs, and ways in which cogeneration QFs can take ad-
vantage of opportunities available to them under the new regulatory
program

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Author Biography

Laurel W. Glassman

Laurel W. Glassman practices in the Energy, Infrastructure and
Project Finance Group at White & Case LLP. Her practice includes rep-
resentation of electric utilities, independent power producers, electricity
marketers, qualifying facilities, large industrial ratepayers, and debt and
equity investors in a wide variety of matters, including mergers and
acquisitions, spin-offs and restructurings, market-based rate proceed-
ings, contract drafting and negotiations, settlements, and advice on state
and federal regulatory issues. She has nearly 30 years of experience
representing clients before the Federal Energy Regulatory Commission
(FERC), and has also represented clients before state public utility com-
missions and in federal courts.
Ms. Glassman routinely advises clients with respect to matters
arising under the Federal Power Act and the Public Utility Holding
Company Act of 1935. She has signi ficant experience with respect to
complex qualifying facility issues, and has published extensively on
developments in the qualifying facilities sector. For more information
on Ms. Glassman, see www.whitecase.com/lglassman/. Ms. Glassman
may be contacted at lglassman@whitecase.com.

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Published

2007-01-10

How to Cite

Glassman, L. W. . (2007). Qualifying Cogeneration Facilities In a Post-energy Policy Act World: Challenges and Opportunities. Distributed Generation &Amp; Alternative Energy Journal, 22(1), 13–22. https://doi.org/10.13052/dgaej2156-3306.2211

Issue

2007: Vol 22 Iss 1

Section

Articles