On March 10, 2017, FERC Secretary Kimberly D. Bose (“Secretary Bose”) issued a notice that East Kentucky Power Cooperative, Inc.’s (“EKPC”) application to terminate its requirement pursuant to the Public Utility Regulatory Policies Act of 1978 (“PURPA”) to purchase electricity from qualifying facilities was deemed denied without prejudice due to FERC’s lack of quorum (see February 21, 2017 edition of the WER).

On November 7, 2016, as amended on December 7, 2016, EKPC filed an application pursuant to PURPA section 210(m) and section 292.310 of FERC’s regulations seeking to terminate the requirement to enter into new power purchase agreements to purchase electricity from qualifying facilities within PJM Interconnection, LLC. In the March 10, 2017 notice, Secretary Bose stated that PURPA sections 210(m)(1) and 210(m)(3), as well as section 292.310 of FERC’s regulations, require a final determination by FERC within 90 days as to whether the conditions for termination of the mandatory purchase obligation were met. Thus, Secretary Bose noted that FERC’s determination was due on March 7, 2017. Secretary Bose continued that FERC was unable to issue that final determination due to the absence of a quorum. Accordingly, EKPC’s application was deemed denied without prejudice to EKPC’s submission of a new application.

A copy of the notice is available here.