Dietze and Davis Congratulates its Client Percheron Power on Its Role in a Recent FERC Declaratory Order

DMEA, a Colorado electric cooperative association, sought and received favorable guidance from FERC that it is obligated to purchase power from Percheron Power, a small hydropower generator which qualifies as a “qualifying facility” under the federal PURPA statute.  Percheron Power, represented by Dietze and Davis, intervened in the declaratory order proceeding in support of the decision sought by DMEA.  FERC’s ruling now clears the way for DMEA to negotiate a power purchase agreement with Percheron Power.  FERC’s ruling allows DMEA to negotiate with Percheron despite DMEA’s contract with Tri-State Generation and Transmission Association, Inc.  This decision  potentially has far-reaching implications and may open up market opportunities for other small renewable generators across the country.  Please see the following publications regarding this: