On May 6, 2016, Oklahoma Municipal Power Authority (“OMPA”) submitted a request to FERC seeking to take over its members’ mandatory purchase obligation under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). OMPA is a full-requirements provider for 42 municipalities in the State of Oklahoma. OMPA submitted its request under Section 210 of PURPA.

In its filing, OMPA explains that no state regulatory authority has ratemaking authority over OMPA or its members, and as a result, its members are non-regulated electric utilities eligible for a waiver from most of PURPA’s obligations. In place of its members’ purchases from qualifying facilities (“QFs”), OMPA commits in its filing that it will make such purchases at full avoided costs. However, because OMPA is not authorized to make retail sales to QFs, its members will retain the ability to make sales to QFs at avoided-cost rates and ensure QFs have a source of retail power for their ongoing operational needs.

As part of its filing, OMPA also provided a “Joint PURPA Implementation Plan,” which sets forth the way in which OMPA and its members intend to implement the requirements imposed under Section 210 of PURPA and FERC’s regulations.

A copy of OMPA’s filing can be found here.