The Energy Policy Act of 2005 (EPACT 2005) Subtitle E contains four sections, three of which address additional Public Utility Regulatory Policies Act of 1978 (PURPA) Title I Standards: Sections 1251, 1252, and 1254.

Specifically, EPACT 2005 adds five new Federal standards to PURPA Section 111(d):

• (11) NET METERING (see EPACT 2005 Sec. 1251 for details)
• (12) FUEL SOURCES (see EPACT 2005 Sec. 1251 for details)
• (13) FOSSIL FUEL GENERATION EFFICIENCY (see EPACT 2005 Sec. 1251 for details) 
• (14) TIME-BASED METERING AND COMMUNICATIONS (see EPACT 2005 Sec. 1252 for details), and
• (15) INTERCONNECTION (see EPACT 2005 Sec. 1254 for details).

Three of these new standards (11, 14, and 15) apply to Title I.

Under PURPA Title I, the U.S. Department of Energy (DOE) is required to publish a list identifying each electric utility that Title I applies to:

Title I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES   

Subtitle A—General Provisions

SEC. 102(a)
VOLUME OF TOTAL RETAIL SALES.— This title applies to each utility in any calendar year, and to each proceeding relating to each electric utility in such a year, if the total sales of electric energy by such utility for purposes other than resale exceeded 500 million kilowatt-hours during any calendar year beginning after December 31, 1975, and before the immediately preceding calendar year.

SEC. 102(b)
EXCLUSION OF WHOLESALE SALES.—The requirements of this title do not apply to the operations of an electric utility, or to proceedings respecting such operations, to the extent that such operations or proceedings relate to sales of electric energy for purposes of resale.

SEC. 102(c)
LIST OF COVERED UTILITIES.—Before the beginning of calendar year, the Secretary shall publish a list identifying each electric utility to which this title applies during such calendar year. Promptly after publication of such list each State regulatory authority shall notify the Secretary of each electric utility on the list for which State regulatory authority has ratemaking authority.

(16 U.S.C. 2612)

Thus, DOE is publishing this list as required under PURPA, particularly to help identify the electric utilities that need to comply with the “PURPA” Sections 1251, 1252, and 1254 of EPACT 2005. DOE requests review and comment from state commissions as required by PURPA Sec.102(c) as to the accuracy of this list, and will publish a final list this fall based on all input received.

U. S. Electric Utilities Covered in 2003 or 2004 by Title I of PURPA (PDF 52 KB)

Each state commission should notify DOE by October 1, 2006, via e-mail to PURPAlistupdate@energetics.com as to the accuracy of this list.

Please note that the list is based on DOE Energy Information Administration (EIA) 2004 Form 861 data http://www.eia.doe.gov/cneaf/electricity/page/eia861.html, as well as information gathered from state commission web sites and/or correspondence with state commission staff as needed. 

All suggested corrections, edits, and updates to this list from state commissions only should be e-mailed to the following address no later than October 1, 2006: PURPAlistupdate@energetics.com

Thank you,

Larry Mansueti
Planning, Siting, and Analysis Division
Office of Electricity Delivery and Energy Reliability
U.S. Department of Energy
Washington, D.C. 20585
Phone: 202-586-2588
E-mail: Lawrence.Mansueti@hq.doe.gov

Note: Previously, the most recent PURPA list was published by DOE in 1998. View this list http://www.fossil.energy.gov/programs/electricityregulation/pdf/purpa.pdf) for historical content purposes only.