PURPA – Public Utility Regulatory Policies Act of 1978

PURPA was meant to promote energy conservation (reduce demand) and promote greater domestic and renewable energy use (increase supply). In 2009, PURPA required qualified electric utilities to consider three new 11(d) standards pursuant to the Energy Independence and Security Act of 2007 (EISA).

Two new PURPA standards defined by the 2021 Infrastructure Bill, which the Cooperative must consider, are set forth below:

1. Demand-response practices

  • (A) In general – Each electric utility shall promote demand-response and demand-flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand.

  • (B) Rate recovery – A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).

2. Electric vehicle charging programs

Each state shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that:

  • (A) Promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructures.

  • (B) Improve the customer experience associated with electric vehicle charging, including by reducing charging times for light, medium, and heavy-duty vehicles.

  • (C) Accelerate third-party investment in electric vehicle charging for light, medium, and heavy-duty vehicles.

  • (D) Appropriately recover the marginal costs of delivering electricity to electric vehicles and charging infrastructure.


For any questions pertaining to PURPA, please email us.

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To view the complete PURPA Notice, click/tap below.

PURPA Consideration and Hearing Process to all Eligible Participants

To view the Nodak Plan for PURPA Compliance, click/tap below.

Compliance Plan

To submit a comment on PURPA, click/tap below.

Submit Comment


Public Utility Regulatory Policies Act

PURPA was originally passed with the intention of conserving electric energy, increasing efficiency in facilities and resources used by utility companies, making retail rates for electric consumers fairer, speeding up the creation of hydroelectric energy production at small dams, and conserving natural gas.

PURPA was enacted on November 9, 1978. It was a United States Act passed as part of the National Energy Act.

PURPA was meant to promote energy conservation (reduce demand) and promote greater domestic and renewable energy use (increase supply). The law was created in response to the 1973 energy crisis, a year before the second.

Nodak Electric will follow the schedule below in order for the Cooperative to fully consider the views of the Eligible Participants regarding the standards so that it may determine whether it is appropriate to implement additional or further PURPA standards:

August 1, 2023: Posting of staff’s proposal determined

September 15, 2023: Deadline for written comments

October 3, 2023: Board paper hearing

November 15, 2023: Processing completed and a determination issued