Renewable Energy Prices in State-Level Feed-in Tariffs: Federal Law Constraints and Possible Solutions

Renewable energy's future depends on predictable wholesale sales from generators to traditional utilities.  In the United States, the transactions, frequently mandated by statutes in over 25 states, interact with two federal statutes enacted in two very different eras.  This mix of jurisdiction and mandate has created legal uncertainty over who has the power to set prices, terms, and conditions for renewable energy.  Errors are easy to make, leading to legal challenges and more uncertainty.

Co-authored with three others and funded by the National Renewable Energy Laboratory, this paper explains the legal terrain, then offers ways for state and federal policymakers to set clear expectations that will enable cost-effective investment in renewable energy.