VIII. Exempt Wholesale Generator Issues

As part of the Energy Policy Act of 1992, Congress enacted a new portion of PUHCA, Section 32, that created a new class of electric generators known as EWGs, which are exempt from the restrictions that would otherwise apply to corporations seeking to provide wholesale electric generation. Before a generator can receive such an exemption from FERC, an entity acquiring a formally rate-based power plant must first receive a finding from state regulators that allowing such an exemption (1) would benefit consumers, (2) would be in the public interest, and (3) would not violate state law.

Sierra requests that the Commission leave this proceeding open to make the findings necessary under PUHCA. Because this order denies the proposed settlement and closes the proceeding, we will deny this request as well.