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
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
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
On April 18, 2019, the Federal Energy Regulatory Commission (FERC) granted Sunrun, Inc. (Sunrun) limited waivers of FERC’s filing requirements for obtaining qualifying small power production facility (QF) status under the...more
5/8/2019
/ Electric Generation Suppliers ,
Energy Sector ,
FERC ,
Filing Requirements ,
Homeowners ,
PURPA ,
Qualifying Facility ,
Regulatory Requirements ,
Renewable Energy ,
Self-Certification ,
Solar Energy ,
Utilities Sector ,
Waivers
On August 31, 2018, NorthWestern Corporation (NorthWestern) petitioned the Federal Energy Regulatory Commission (FERC or Commission) to revoke the qualifying small power production facility (QF) status of four wind projects...more
9/18/2018
/ Batteries ,
Comment Period ,
Energy Sector ,
Energy Storage ,
FERC ,
Public Comment ,
PURPA ,
Qualifying Facility ,
Renewable Energy ,
Solar Energy ,
Utilities Sector ,
Wind Power
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
The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more
9/18/2017
/ Electric Cooperative ,
Electric Generation Suppliers ,
Energy Sector ,
Federal Power Act ,
FERC ,
Grandfathered Status ,
Motion to Terminate ,
Power Companies ,
Power Purchase Agreements ,
PURPA ,
Quorum ,
Renewable Energy
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
On June 9, 2017, Beaver Creek Wind II, LLC and Beaver Creek Wind III, LLC (together, “Beaver Creek”) responded to a deficiency letter from the Federal Energy Regulatory Commission (FERC or the “Commission”) staff seeking...more
On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more
On November 15, 2016, the Federal Energy Regulatory Commission (FERC) issued an order dismissing a petition for declaratory filed by two Maryland electric cooperatives requesting a FERC finding that regulations governing...more
11/22/2016
/ Community Shared Solar ,
Declaratory Rulings ,
Dismissals ,
Federal Power Act ,
FERC ,
Grid Energy Storage ,
Public Utility ,
PURPA ,
Renewable Energy ,
Solar Energy ,
State Pilot Programs
Following a raucous debate fueled by intense lobbying by environmental organizations and the oil industry, the California Legislature has approved an ambitious plan by Gov. Jerry Brown (D) to boost targets for renewable...more
9/23/2015
/ CAISO ,
Energy & Climate Debates ,
Energy Efficiency ,
Energy Policy ,
Greenhouse Gas Emissions ,
ISOs ,
New Legislation ,
Oil & Gas ,
Power Purchase Agreements ,
Public Policy ,
Renewable Energy ,
Renewable Fuel Standard ,
Solar Energy ,
Transmission Lines ,
Utilities Sector
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
On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more
On July 31, 2014, the Federal Energy Regulatory Commission (FERC) accepted amendments to the California Independent System Operator Corporation (CAISO) tariff designed to improve the efficiency and flexibility of the CAISO’s...more
In this edition:
- Oil and Gas Industry Discussion
- The False Claims Act: The Government’s Sword in Cash Grant Audits
- Is a 50 Percent Renewables Portfolio Standard in California’s Future?
-...more
3/25/2014
/ Clean Energy ,
Energy Policy ,
Energy Sector ,
Energy Tax Incentives ,
False Claims Act (FCA) ,
Federal Grants ,
Oil & Gas ,
Renewable Energy ,
Solar Energy ,
State Taxes ,
Utilities Sector
In this issue:
- Tax Indemnity Considerations for Developers Entering into Investment Tax Credit Transaction
- FERC’s Office of Enforcement Takes Aim at the Financial Industry
- Minding the Gap: Managing...more