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FERC Expands Cogeneration QFs for Certain Fuel Cell Systems


[1] regarding the potential for certain fuel cell systems to attain qualifying facility (“QF”) status pursuant to Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978, as amended (“PURPA”)
[2].  The Final Rule slightly amends the underlying 
proposed rule, issued on October 15, 2020 and discussed in greater detail 
here, in response to comments that the proposed rule would have applied to an overly-narrow subset of fuel cell technologies.  In the Final Rule, the Commission approved a broad definition of fuel cell systems that may satisfy QF standards: “all fuel cells that use waste heat in an integrated fuel reforming process” may attain QF status as cogeneration QFs, as long as they satisfy other relevant QF requirements. ....

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Federal Hydrogen Regulation In The United States: Where We Are And Where We Might Be Going | Vinson & Elkins LLP


Overview
Hydrogen has over the last century enjoyed repeated bouts of interest as a fuel source. Though these have repeatedly fallen flat, hydrogen-based production has recently enjoyed a renaissance, due to a trifecta of improving political, economic, and technological conditions. Importantly, hydrogen presents an answer to a major problem in the energy transition debate: decarbonizing fuel sources while maintaining energy security and reliability. While electrification has a first-mover advantage in certain areas (e.g., light-duty vehicles), hydrogen is seen as particularly viable in “hard-to-decarbonize” sectors such as heavy-duty transportation, which requires fuel supply for substantial distance and payloads.
These trends are still nascent. There has long been a small hydrogen market, primarily for industrial applications; ....

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