The board of managers of PJM Interconnection, L.L.C. (PJM) has directed PJM to prepare a proposal for filing with the Federal Energy Regulatory Commission (FERC) that will substantially reform the Minimum Offer Price Rule...more
In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more
On March 5, 2021, the Federal Energy Regulatory Commission (FERC) announced a virtual, public technical conference “to discuss issues surrounding the threat to electric system reliability posed by climate change and extreme...more
Building off its White Paper issued last summer, the Federal Energy Regulatory Commission (FERC or the “Commission”) has proposed changes to its regulations that would encourage more robust investment in cybersecurity...more
On January 19, 2021, the Federal Energy Regulatory Commission (FERC) directed the nation’s six Regional Transmission Organizations and Independent System Operators (RTOs/ISOs) to submit reports on the integration of “hybrid”...more
Part One -
As the 2020 election nears, the Democratic campaign has begun to talk policy specifics regarding energy and climate change. Although the Trump administration undertook to dismantle many Obama-era policies and...more
9/29/2020
/ Carbon Pricing ,
Clean Energy ,
Distributed Energy Resources (DERs) ,
Electricity ,
Energy Market ,
Energy Policy ,
Energy Sector ,
Energy Storage ,
Enforcement Actions ,
FERC ,
Joe Biden ,
Political Campaigns ,
Political Candidates ,
Power Grid ,
Presidential Elections ,
PURPA ,
Renewable Energy ,
Supply Chain ,
Transmission Grid ,
Trump Administration ,
Wholesale
The U.S. Court of Appeals for the D.C. Circuit recently upheld the Federal Energy Regulatory Commission’s (FERC or “Commission”) Order No. 841, a 2018 rulemaking addressing electric storage resources. The purpose of Order no...more
- On July 8, 2020, the Department of Energy (DOE) published a Request for Information (RFI) concerning Executive Order 13920, “Securing the United States Bulk-Power System” (the “E.O.”). The E.O. authorizes the DOE to block...more
7/13/2020
/ Comment Period ,
Cybersecurity ,
Department of Energy (DOE) ,
Electricity ,
Energy Projects ,
Energy Sector ,
Executive Orders ,
Foreign Adversaries ,
Request For Information ,
Rulemaking Process ,
Supply Chain
- On May 1, 2020, President Trump issued an Executive Order (E.O.) aimed at curtailing the use of foreign-sourced electric equipment installed on the U.S. “bulk-power system,” which is commonly understood to mean the U.S....more
In recent weeks, a flurry of Congressional activity has emerged to extend and expand federal support for clean energy initiatives. Introductions of the Renewable Electricity Standard Act and Renewable Energy Extension Act...more
In an Order on Rehearing and Clarification issued at its May open meeting, the Federal Energy Regulatory Commission (FERC or “Commission”) generally affirmed Order No. 841, its 2018 Final Rule on electric storage. Electric...more
5/21/2019
/ Electricity ,
Energy Market ,
Energy Sector ,
Energy Storage ,
Federal Power Act ,
FERC ,
Final Rules ,
ISOs ,
Opt-Outs ,
RTO ,
Tariffs ,
Wholesale
On March 26, 2019, President Trump signed an executive order (EO) to “establish[] the first ever comprehensive whole-of-government policy to build resilience and protect against electromagnetic pulses” (EMPs), which can cause...more
In 2005, Congress sought to encourage investment in the nation’s power grid by requiring the Federal Energy Recovery Commission (FERC) to establish “incentive-based” rate treatments for electric transmission facilities. Order...more
1/22/2019
/ Abandonment ,
Cost Recovery ,
Electricity ,
Energy Projects ,
Energy Sector ,
FERC ,
Incentives ,
Investors ,
Power Grid ,
Power Infrastructure ,
Utilities Sector
In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more
12/12/2018
/ CAISO ,
Capacity Market ,
Electric Generation Suppliers ,
Electricity ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
FERC ,
Natural Gas ,
Oil & Gas ,
Power Grid ,
Tariffs ,
Utilities Sector ,
Wholesale
A coalition of electric generators in California has urged the Federal Energy Regulatory Commission (FERC or “the Commission”) to require the California Independent System Operator (CAISO) to implement a centralized capacity...more
The New York Independent System Operator (NYISO) recently released a Carbon Pricing Straw Proposal (Proposal) to advance the State’s energy and environmental goals by reflecting the cost of carbon emissions in wholesale...more
5/30/2018
/ Capacity Market ,
Carbon Emissions ,
Carbon Pricing ,
Clean Energy ,
Climate Change ,
Cost Allocation ,
Electricity ,
Energy Sector ,
Federal Power Act ,
FERC ,
Greenhouse Gas Emissions ,
NYISO ,
Power Grid ,
Public Policy ,
Suppliers ,
Transmission Planning ,
Wholesale
Nearly a year after summoning stakeholders to discuss whether—and if so, how—the wholesale power markets should accommodate state policy goals, the Federal Energy Regulatory Commission (FERC or the “Commission”) has taken a...more
At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more
2/22/2018
/ Amended Regulation ,
Buyers ,
CAISO ,
Electricity ,
Energy Market ,
Energy Reform ,
Energy Sector ,
Energy Storage ,
Federal Register ,
FERC ,
Final Rules ,
ISOs ,
Notice of Proposed Rulemaking (NOPR) ,
Power Grid ,
Renewable Energy ,
RTO ,
Sellers ,
Technical Conference ,
Utilities Sector ,
Utility Rates ,
Wholesale
On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more
12/8/2017
/ Bright-Line Rule ,
Competition ,
Electricity ,
Energy Costs ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
FERC ,
Proposed Legislation ,
PURPA ,
Qualified Energy Facilities ,
Rebuttable Presumptions ,
Renewable Energy ,
Utilities Sector
On August 23, 2017, the Department of Energy (DOE) released its Staff Report assessing the reliability and resilience of the electric grid. The highly anticipated report was commissioned in April 2017 by Secretary of Energy...more
9/7/2017
/ Coal ,
Department of Energy (DOE) ,
Electricity ,
Energy Market ,
Energy Sector ,
FERC ,
Information Reports ,
Nuclear Power ,
Power Grid ,
Renewable Energy ,
Secretary of Energy ,
Wholesale
In our February update, we noted that ISO New England (ISO-NE) and New York Independent System Operator (NYISO) stakeholders continue to discuss carbon pricing as one potential solution to better align state and regional...more
On March 13, Sen. Jeff Flake (R-AZ) introduced the Ratepayer Fairness Act (RFA). The RFA would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) to require that state public utility regulatory authorities and...more
On October 16, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 816, a Final Rule streamlining its requirements for authorization to make wholesale sales of electric energy, capacity and ancillary...more
On July 7, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice seeking comments on a petition for rulemaking filed by the American Wind Energy Association (AWEA). The petition asks FERC to implement reforms...more
On May 6, 2015, Sen. Angus King (I-ME) released a discussion draft of the Free Market Energy Act of 2015 (the “Act”), a bill that would radically change the landscape for distributed energy resources (DERs) – small-scale...more