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Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more

Massachusetts DPU Approves Utilities’ Electric Sector Modernization Plans

On August 29, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a highly anticipated order approving the Electric Sector Modernization Plans (“ESMPs”) filed by the three Massachusetts electric distribution...more

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become...more

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission...more

DPU Issues Long-Anticipated Net Metering Ruling

On February 15, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a much-anticipated order in docket D.P.U. 21-100 that finally promulgates regulations (220 CMR 18.00) to implement 2021 statutory changes...more

FERC Extends Order No. 2023 Interconnection Rule Compliance Filing Deadline to Spring 2024

On October 25, 2023, the Federal Energy Regulatory Commission (FERC) issued an order extending the deadline for Transmission Providers to submit compliance filings to implement the requirements of FERC’s Order No. 2023, which...more

EFSB Tentative Decisions Decline Jurisdiction over Battery Energy Storage Systems

In tentative decisions issued on April 26, 2023 (here and here), the Massachusetts Energy Facilities Siting Board (EFSB) proposes to conclude that it lacks jurisdiction under current laws to review battery energy storage...more

There’s a big difference between mostly dead and all dead.

Sometimes, “mostly dead” is just a pause before successfully storming the castle. On July 14, Governor Baker vetoed the climate bill that passed the Massachusetts Legislature on July 4 with overwhelming support... I couldn’t...more

Major Climate Bill Recommits Massachusetts to Climate Goals

On January 4th, as the legislative session came to a close, both houses of the Massachusetts legislature passed “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy.” My colleague, Seth Jaffe, posted on...more

Deadline Approaching for Comments on Proposal to Reform Distribution System Planning and Allocation of Interconnection Costs

When the Massachusetts DPU opened docket DPU 20-75, I described it as a proposal to fundamentally change system planning and cost allocation in Massachusetts. The interconnection process in Massachusetts has been a perpetual...more

Department of Public Utilities Proposes Rethink for Distribution System Planning and Interconnection Costs

On October 22, the Massachusetts DPU issued an Order opening a new docket (DPU 20-75) that seeks comments on a proposal to shake up the way the electric distribution system is planned and paid for in Massachusetts. As I see...more

Massachusetts Implements a Clean Peak Standard

On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020. The final regulations are...more

Massachusetts Department of Public Utilities Investigates Advanced Metering and Time-Varying Rates for Customers with Electric...

On July 2, 2020, the Massachusetts Department of Public Utilities launched an “Investigation into the Modernization of the Electric Grid – Phase Two.”  In this investigation, the DPU will look again at deploying advanced...more

D.C. Circuit Decision Upholds Access to Wholesale Markets for Energy Storage Resources, but Will More Litigation Follow?

On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources.  Challengers had contended that by prohibiting states from barring...more

More Detail on the Massachusetts DG Interconnection Docket

On Monday, August 19, the Massachusetts Department of Public Utilities (“DPU”) provided additional information on the timing, process, and scope of its investigation into DG interconnection. The full memorandum from the...more

SMART is Open!

November 26th was a big day for solar energy in Massachusetts. As promised, the Massachusetts Department of Energy Resources (“DOER”) opened the application portal for the long-anticipated SMART Program. Applications received...more

Massachusetts Department of Public Utilities Investigates Issues Relating to Net Metering, Energy Storage, and Forward Capacity...

On October 3, 2017, the Massachusetts Department of Public Utilities (“DPU”) opened a new docket (D.P.U. 17-146) to investigate two issues: whether energy storage systems paired with net metering facilities are eligible for...more

SMART Moves to a New Forum: Massachusetts Department of Public Utilities to Consider a SMART Tariff

Stakeholders have been following the development of “SMART” as a successor to the SREC program in Massachusetts for more than a year.  (See our previous posts on the development process here, here, and here.)  As it stands,...more

10/12/2017  /  Electricity , Public Utility , SMART , SREC , Tariffs

Eversource Proposes Rate Increases and $400 Million in Grid Modernization Investments

On January 17, 2017, Eversource Energy filed a petition with the Massachusetts Department of Public Utilities (DPU) that would increase base distribution rates for its 1.4 million electricity customers across the...more

DOER’s Solar Incentive Straw Proposal: Optimism, Anxiety, Uncertainty.

On September 23, DOER presented a straw proposal for the next phase of Massachusetts solar incentives. DOER’s ambitious proposal for a tariff-based program reflects a thoughtful development process and a laudable goal of...more

Massachusetts Department of Public Utilities Opens Investigation on Electric Vehicles and Electric Vehicle Charging

On December 23rd, the Massachusetts Department of Public Utilities (the Department) issued an Order opening an investigation into electric vehicles and electric vehicle charging . That Order, issued the same day as the...more

Wind Turbines Still Don’t Hurt Property Values

A report published last week by researchers at the University of Connecticut and the Lawrence Berkeley National Laboratory looked at more than 122,000 home sales that occurred between 1998 and 2012 in proximity to current or...more

1/20/2014  /  Property Valuation , Wind Power

Massachusetts DOER Releases Draft SREC II Regulations

The Massachusetts Department of Energy Resources (MA DOER) has released draft regulations for its SREC II solar program. The regulations are the latest step toward implementing the Commonwealth’s goal to install a total of...more

Massachusetts DPU Presents Straw Proposal For Modernizing The Electric Grid

On December 23rd, the Massachusetts Department of Public Utilities (DPU) issued a straw proposal in docket 12-76 outlining a regulatory mechanism intended to advance modernization of the electric grid in Massachusetts. The...more

Massachusetts Working Towards Wind Siting Standards

Last summer, the Massachusetts Executive Office of Energy and Environmental Affairs announced an initiative to support municipalities, developers, and other stakeholders in improving the siting process for wind energy...more

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