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
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
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 June 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Cybersecurity Incentives Policy White Paper (the “White Paper”). The White Paper, issued in Docket No. AD20-19-000, discusses a...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 February 8, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule revising its regulations in 18 C.F.R. § 385.2007 regarding computation of time periods prescribed or allowed by...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
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
On July 19, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) to update and clarify its regulations covering “interlocking directorate” positions (i.e.,...more
8/1/2018
/ Board of Directors ,
Comment Period ,
Corporate Officers ,
Deregulation ,
Federal Power Act ,
FERC ,
Filing Requirements ,
Financial Institutions ,
Interlocking Directorate ,
Notice of Proposed Rulemaking (NOPR) ,
Prior Authorization ,
Public Comment ,
Public Utility ,
Regulatory Burden ,
Utilities Sector
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 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 July 21, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to (1) collect a wide range of “connected entity” data for market surveillance and...more
On June 16, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order that is anticipated to increase the ability of electric cooperatives and municipally owned utilities to purchase power from...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
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 February 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order on Rehearing of its Order No. 768, in which FERC expanded its Electric Quarterly Report (EQR) filing requirements by, among other things,...more
The Federal Energy Regulatory Commission (FERC) last week issued a proposed policy statement to clarify FERC’s allowance of “hold harmless” commitments in applications filed under Section 203 of the Federal Power Act (FPA)....more
On November 14, 2014, the U.S. Court of Appeals for the 5th Circuit denied the Louisiana Public Service Commission’s (LPSC) petition for review of various Federal Energy Regulatory Commission (FERC) orders on the...more
On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...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 August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more
On August 15, 2014, the United States Court of Appeals for the District of Columbia Circuit unanimously affirmed Order No. 1000, a landmark set of rules approved by the Federal Energy Regulatory Commission (FERC) in 2011 to...more