FERC Reaffirms Strict Recertification Timing Requirement for QFs: Lessons for Transaction Teams

The Federal Energy Regulatory Commission recently reaffirmed a June 2025 decision requiring seven small power producers (the “Companies”) to pay refunds for wholesale power sales made during periods when they could not “rely upon” prior self-certifications of qualifying facility (“QF”) status that were not promptly updated following upstream ownership changes...... By: Foley & Lardner LLP