Archive | Legally enforceable obligation

RSS feed for this section

Whitehall Wind, LLC, v. Montana Public Service Commission

Whitehall Wind, LLC, v. Montana Public Service Commission, 2015 MT 119 (May 5, 2015) (Baker, J.) (5-0, rev’d)

Issue: Whether the district court properly reversed the PSC’s determination that Whitehall had not established a legally enforceable obligation to deliver energy to Northwestern.

Short Answer: No.

Reversed and remanded for reinstatement of the PSC’s June 2012 order

Facts: Federal law requires large electric utilities to buy available energy from qualifying facilities, which may provide energy, capacity or both pursuant to a contract or a legally enforceable obligation. Montana law requires the PSC to set rates and conditions if a qualifying small power production facility and a utility are unable to mutually agree to a contract for the sale of electricity.

Whitehall Wind is a qualifying facility, and Northwestern is a public utility subject to the PSC’s jurisdiction.…