“‘These competitive solicitations, or request for proposals (RFPs), would be open to all [PURPA qualifying facilities] and would be overseen by state commissions or administered independently of any individual market participant to mitigate anti-competitive behavior of the buyer,’ NARUC wrote in its proposal.
Though not codified explicitly in FERC regulations, energy lawyers like Ari Peskoe, director of the Electricity Law Program at Harvard, say there’s nothing stopping utilities from applying from such an exemption from PURPA today.”