Lisa Murkowski: “the amendment pending, as I understand it, would extend PURPA's mandatory purchase obligation until such time as FERC…”

“the amendment pending, as I understand it, would extend PURPA's mandatory purchase obligation until such time as FERC determined that a PURPA ``qualifying facility'' had access to ``independently administered, auction-based day ahead and real time wholesale markets for sale of electric energy.'' The amendment would also require purchasing utilities to continue to sell backup power to qualified facilities unless competing retail electric suppliers were able to provide electric energy to the qualified facility. This basically means that FERC is in charge of certain retail sales of electricity--preempting State public utility commissioners on backup retail sales, at least for the foreseeable future. As a consequence, with all due respect, I believe the amendment is flawed. It would continue PURPA's mandatory purchase obligation indefinitely into the future by conditioning repeal on an affirmative FERC finding on a powerplant-by-powerplant basis that the statutory test is met. There are no requirements in the amendment regarding the process or timing for FERC action. Satisfying this test could take virtually forever, including numerous court challenges. Nor is there any guidance as to how FERC is to define the existence of an ``independently administered, auction-based day ahead and real time wholesale market'' for electricity. I guess the question is, Who knows really what it means? It is not a term of art in the Federal Power Act.”