On October 6, 2015, the U.S. Court of Appeals for the Eighth Circuit upheld a regulatory interpretation by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by an electricity distribution cooperative for energy purchased from a qualifying small production power production facility (QF) is the same as the avoided cost rate of the co-op’s all-requirements generation supplier. Swecker v. Midland Power Cooperative, No. 14-2186 (8th Cir. Oct. 6, 2015).   In this case, the QF was an Iowa farmer-owned wind power generator, which sold its excess power to Midland Power Cooperative, a non-generating electricity distributor. The Central Iowa Power Cooperative (“CIPCO”) was Midland’s “all-requirements” electricity supplier, so called because Midland was contractually bound to purchase all of its electricity from…