News & Analysis as of

Capacity Market Utilities Sector

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 8, August 2024

Welcome to the eighth 2024 issue of Currents - our e-newsletter focused on energy topics. Is Nuclear the Panacea to Data Center Load Growth? Per public data, after years of relatively flat load growth around the...more

Spilman Thomas & Battle, PLLC

The Supply/Demand Problem: Reading the Signals from the Recent PJM Capacity Auction

The United States is facing a supply and demand problem in the electric sector, raising serious concerns not only about energy affordability but the reliability of the grid. On Tuesday, July 30, 2024, PJM Interconnection,...more

Dorsey & Whitney LLP

D.C. Circuit Upholds FERC’s Broadview of PURPA

Dorsey & Whitney LLP on

On February 14, 2023, the D.C. Circuit Court of Appeals upheld FERC’s broad definition of qualifying facilities (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). In Broadview Solar, LLC, 174 FERC ¶...more

Troutman Pepper

FERC Upholds ISO-NE CASPR Program on Rehearing

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On November 19, 2020, FERC upheld its March 2018 order addressing ISO New England, Inc.’s (“ISO-NE”) Competitive Auctions with Sponsored Policy Resources (“CASPR”) proposal to integrate certain state-supported resources into...more

King & Spalding

Significant Changes to FERC’s Rules for Market-Based Rate Sellers

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On July 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued two orders modifying its rules for sellers to obtain or retain authorization to make sales at market-based rates. First, Order No. 861 modifies the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rejects Electric Generators’ Request to Adopt Centralized Capacity Market in California

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

Orrick, Herrington & Sutcliffe LLP

Energy Storage Update - 2018

Battery energy storage is the most significant development for the electric grid since the explosive growth in renewables deployment over the past decade. Efforts to promote energy storage are moving rapidly throughout the...more

Holland & Knight LLP

Mexico Energy Regulatory Commission Issues Criteria for Capacity Auctions

Holland & Knight LLP on

Mexico's Energy Reform, established in 2013, opened opportunities for supply and trading of energy at the Electricity Wholesale Market (Mercado Eléctrico Mayorista or MEM) and the use of national transmission lines and...more

Pierce Atwood LLP

FERC Approves CASPR, ISO-NE’s New Forward Capacity Auction

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On March 9, 2018, the Federal Energy Regulatory Commission (FERC), in a split decision, approved ISO-New England Inc.’s (ISO-NE) proposed tariff revisions to accommodate entry of additional clean energy resources into the...more

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP

PJM Alternative to Expanding MOPR Leaves Questions Unanswered

On August 18, 2016, PJM Interconnection, L.L.C. (“PJM”) presented aproposal to its stakeholders outlining a possible mechanism for mitigating the potential impact on capacity prices in the PJM market of generation units...more

Akin Gump Strauss Hauer & Feld LLP

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more

Moore & Van Allen PLLC

Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

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In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Invalidates Maryland Program that Supplements FERC-Approved Capacity Payments

In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the...more

Cadwalader, Wickersham & Taft LLP

Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new...more

Akin Gump Strauss Hauer & Feld LLP

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

Allen Matkins

Renewable Energy Update -- May 2014

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Renewable Energy Focus - Another solar record set, renewables power nearly quarter of California: KCET - May 20 -- Yet another milestone in California's quest to go solar: the state's industrial-sized solar power...more

Akin Gump Strauss Hauer & Feld LLP

FERC Approves PJM’s Proposed Changes to Market Rules Governing the Participation of Demand Response Products in the Capacity...

On January 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving rule changes proposed by PJM Interconnection, L.L.C. (PJM) to the clearing of its capacity market, referred to as the Reliability...more

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