Dickinson Wright Secures Federal Regulatory Exemption for Hillcrest Solar I, LLC

Dickinson Wright PLLC (“Dickinson Wright”) is pleased to announce that Madeline Fleisher (Of Counsel, Columbus) recently secured a key regulatory exemption from the Federal Energy Regulatory Commission (FERC) on behalf of client Hillcrest Solar I, LLC (“Hillcrest”).  

In December 2019, FERC issued an order that appeared to subject a significant portion of a 200-megawatt Hillcrest solar project in Brown County, Ohio to a burdensome new pricing rule, the Minimum Offer Price Rule, in the PJM wholesale electricity market. Dickinson Wright submitted a FERC filing on behalf of Hillcrest, arguing that the project should be eligible for a grandfathering exemption based on a novel interpretation of when the project had reached the qualifying development milestone.  

In a recent ruling, FERC adopted the proposed legal interpretation in full. Hillcrest will now be able to fully operate its solar project under the prior, more flexible PJM Capacity Market rules, avoiding additional regulatory hurdles and costs. “This is a great outcome for all parties involved. Innergex Renewable Development USA, LLC, the indirect co-owner of Hillcrest, is working to bring more alternative energy capacity and economic development to Ohio and is happy that Dickinson Wright could help facilitate this result,” says Madeline.

Dickinson Wright’s Energy and Sustainability practice provides the practical advice necessary to enable our clients to keep pace with new developments and adapt to an ever-changing legal and regulatory environment. We work hand-in-hand with our business clients as they strive to make smart energy choices, and we support our energy supplier clients in their continued development of new and better technologies. To learn more about Dickinson Wright’s Energy and Sustainability practice, please click here.