PURPA Jurisdictional Questions Continue to Perplex.

The article focuses on the Public Utility Regulatory Policies Act of 1978 (PURPA) and its implications for the development of cogeneration and small power production facilities. Specifically, it discusses section 210, which mandates that electric utilities sell and purchase electricity from qualifying facilities (QFs) and outlines the judicial review processes available for enforcing these rules. The article highlights the complexities arising from the dual enforcement mechanisms—state and federal courts—and the ongoing confusion regarding jurisdiction, particularly in cases involving retail electricity sales. It suggests that recent actions by the Federal Energy Regulatory Commission (FERC) may indicate a shift towards federal jurisdiction, despite historical precedent favoring state-level resolution. [Extracted from the article]