Bloom Energy

O’Melveny helped obtain from the Federal Energy Regulatory Commission (FERC) a finding that Bloom Energy’s sales of power generated by fuel cells are exempt from the Public Utility Holding Company Act of 2005 (PUHCA). This finding established precedent on an issue that had not previously been addressed by FERC and will assist the company in obtaining additional financing. In granting the declaratory order, FERC found that since Bloom does not own electric transmission facilities or offer electric transmission services and as the company and its affiliates continue to have no captive customers, they still qualify as non-traditional utilities that are exempt from PUHCA.