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FERC Announces Major Policy Changes for Certification of Natural Gas Facilities, Including Consideration of Greenhouse Gas...

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two interconnected policy statements (the “Policy Statements”) regarding its review and certification of interstate natural...more

Ten Executive Branch Climate and Sustainability Developments to Watch in 2022

With 2022 underway, the Biden-Harris administration is continuing to implement its “whole-of-government” response to climate change. In 2021, the administration focused on building public-private partnerships on clean energy,...more

Make (Whole) A Minute: Brazos Bankruptcy Update

Beginning on February 13, 2021, something unprecedented happened in the state of Texas—a winter storm caused temperatures to dip well-below freezing. This event, dubbed the “Black Swan Winter Event,” caused Texas to...more

Election 2020: What Would a Biden Win Mean for the U.S. Electric Power Sector?

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

Senate Energy Natural Resources Committee Examines Cyberattack Readiness of the US Bulk-Power System

On August 5, 2020, members of the Senate Energy and Natural Resources Committee questioned witnesses from the power industry and the federal government about the readiness of the United States bulk-power system (BPS) for a...more

FERC Dismisses Petition to Make Net Metering Jurisdictional

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) dismissed the petition for declaratory order (“Petition”) filed by the New England Ratepayers Association (NERA) asking FERC to assert...more

Department of Energy Identifies “Foreign Adversaries” and Seeks Industry Input Regarding Implementation of Bulk-Power System...

- 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

D.C. Circuit Ends FERC’s Use of Tolling Orders to Delay Judicial Review, Leaves More Questions than Answers

On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), sitting en banc, upended decades of Federal Energy Regulatory Commission (FERC or the “Commission”) practice. Allegheny...more

Challenge to FERC Disclaimer of Jurisdiction over Net Metering Riles Small-Scale Solar Community

On April 14, 2020, the New England Ratepayers Association (NERA) filed a Petition for Declaratory Order (Petition) asking the Federal Energy Regulatory Commission (FERC or the Commission) to reverse its policy on net...more

Second Circuit Joins Seventh Circuit in Upholding Constitutionality of ZECs, Ending the Current Preemption Fight Against Nuclear...

On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more

Seventh Circuit Rejects Federal Preemption and Dormant Commerce Clause Challenges to Illinois Nuclear ZEC Program

In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more

FERC Denies Waiver for Failure to File PURPA Qualifying Facility Self-Certification

On May 17, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted in part and denied in part a request by Zeeland Farm Services, Inc. (“Zeeland”) for a waiver of FERC’s regulations requiring small...more

North Carolina Supreme Court Affirms Duke Energy’s Monopoly over Rooftop Solar

In September 2017, we reported on a Court of Appeals of North Carolina decision holding that entities installing solar panels on customer rooftops are “public utilities” under state law, at least if they retain ownership of...more

FERC Grapples with Accommodating State Policies in Wholesale Markets; Approves ISO New England Proposal for Subsidized Renewable...

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

9th Circuit Finds That FERC Acted Arbitrarily and Capriciously by Awarding Incentive Adders to PG&E for Membership in CAISO

In an opinion issued January 8, 2018, the United States Court of Appeals for the 9th Circuit found that the Federal Energy Regulatory Commission (FERC) had acted arbitrarily and capriciously when it determined that Pacific...more

Federal Court Finds California PURPA Programs Non-Compliant

In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...more

First Circuit Decision Finds No Private Right of Action Under PURPA Against a Utility

On November 13, 2017, the U.S. Court of Appeals for the 1st Circuit held in Allco Renewable Energy Ltd. v. Mass. Elec. Co. that a Qualifying Facility (QF) does not have a private right of action against a utility company...more

Rooftop Solar Provider Held to be a “Public Utility” in North Carolina

On September 19, 2017, the Court of Appeals of North Carolina (“Court”) held that companies that install solar panels on customer rooftops are “public utilities” under state law, at least when they retain ownership of the...more

DOE Report Offers Extensive Insight, but Limited Policy Suggestions

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

FERC Invites Comments on State Energy Policy Technical Conference

On May 1 and 2, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference to “discuss the interplay between state policy goals and the wholesale markets”1 operated by the three...more

D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

Proposed Bill Would Require State Public Utility Regulatory Authorities to Consider the Cost of Distributed Generation

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

FERC Takes Its Next Step on “Price Formation” in Organized Markets

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to revise its regulations to require that each Regional Transmission Organization or Independent...more

12/23/2016  /  Comment Period , FERC , ISOs , NPRM , RTO , Utilities Sector

FERC Proposes Wide-Ranging New Regulations to Remedy Barriers to Wholesale Market Participation by Energy Storage and Distributed...

At its November 17, 2016 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) proposed to amend its regulations to address and remove barriers to the participation of electric storage resources and...more

12/9/2016  /  Energy Storage , FERC , ISOs , NPRM , RTO , Utilities Sector

FERC Adopts New Regulations Allowing Higher-Priced Energy Offers in Organized Electricity Markets

At its November Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule (Order No. 831) directing the Regional Transmission Organizations and Independent System Operators...more

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