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News & Analysis as of

Congressional Republicans Ask FERC to Rethink PURPA

On November 6, 2015, the chairmen of several congressional energy committees and subcommittees sent a letter to the Federal Energy Regulatory Commission (FERC or “Commission”) requesting that FERC convene a technical...more

FERC Urged To Revise Generator Interconnection Procedures and Agreement

It has been over twelve years since the Federal Energy Regulatory Commission (FERC) issued the pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large Generator Interconnection Agreement (LGIA) for...more

Renewable Energy Update - November 2015

Renewable Energy Focus - Large-scale renewables account for more than 60% of new energy capacity in the U.S. - CleanTechnica - Oct 28: Recent figures reveal that utility-scale renewable energy projects accounted for more...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Renewables Intermittent Power Generation (Part 6 of 6)

Tom Burton, Chair of Mintz Levin’s Energy Technology Practice, has published a weekly installment providing insight into the challenges and possible solutions that, if implemented, promise a bright future as clean energy...more

Grid Vulnerabilities Report Highlights Regional Risk

Earlier this month, U.S. Energy Secretary Ernest Moniz released a report presenting the Department of Energy’s (DOE) assessment of expected regional energy sector vulnerabilities to climate change. The report highlights...more

FERC Substantially Modifies Filing Requirements for Market-Based Rate Sellers and Clarifies Rules on Priority Rights Granted to...

On October 16, 2015, the Federal Energy Regulatory Commission (FERC or “Commission”) issued Order No. 816 that revises filing requirements for market-based rate (MBR) sellers of electric energy, capacity, and ancillary...more

FERC Updates Market-Based Rate Program and Clarifies Gen-Tie Policy

At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC") issued Order No. 816, a final rule adopting proposals to update its market-based rate program. In addition, FERC denied rehearing and granted...more

Energy Newsletter - October 2015

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

EPA Clean Power Plan Considerations: Wheeling Renewable Power

Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more

California Takes the Bronze: Implications and Impacts of California’s SB 350

On October 7, Gov. Brown signed into law the Clean Energy and Pollution Reduction Act of 2015 (“SB 350”) 2015. This comes as no surprise, because when the state legislature passed SB 350 on September 11, 2015, Gov. Brown said...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Getting the Most Out of The Clean Power Plan (Part 3 of...

On August 3, the Obama Administration released the much anticipated final Clean Power Plan (CPP). The nation’s first ever standard to address power plan pollution has an ambitious overall goal of reducing CO2 emissions by 32%...more

SENER Publishes Mexican Wholesale Electricity Market Protocols

In a major step toward the implementation of a modern and competitive wholesale electricity market in Mexico (the "Wholesale Market"), on September 8, 2015 the Secretaría de Energía ("SENER") published the first set of...more

EPA Updates Effluent Limitations Guidelines and Standards For Steam Electric Generating Facilities – It’s Only Been 33 Years

On September 30, EPA released its long-awaited (long-feared?) final rule governing wastewater discharges from steam electric generating facilities. The trade press is presenting the rule as a victory for environmentalists...more

California Energy Commission Report Projects Local Electric Reliability Deficits By 2021, Potentially Triggering The Need For New...

The California Energy Commission (CEC) has released an August 2015 report projecting local reliability shortfalls in the Los Angeles basin planning area as early as 2021. The deficits may require new natural gas power...more

How Large Energy Users Should Respond to the Clean Power Plan

When the Environmental Protection Agency (“EPA”) released its widely anticipated Clean Power Plan (the “CPP”), a Final Rule regulating carbon dioxide emissions from the nation’s existing electric generating facilities, the...more

FERC Reaffirms Filing Requirement For Jurisdictional Service Where No Compensation Is Received

The Federal Energy Regulatory Commission (FERC) recently issued an Order on Rehearing in Chehalis Power Generating, L.P., Docket No. ER05-1056-008, where it reaffirmed its October 17, 2013 finding that Chehalis Power...more

New York, Connecticut Establish Community-Based Renewable Energy Programs

New York and Connecticut recently joined at least 13 other states, including Hawai’i and Maryland, in establishing measures that could significantly expand access to renewable energy generation in those states through...more

President Obama Implements Sweeping New Rules to Control Climate Change

On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) utilized executive action to call for a major societal shift on climate change policy. The new rules, dubbed the Clean Power Plan, are intended...more

CPP Sets First National Standards Limiting Power Plants' Carbon Pollution

President Obama unveiled the final Clean Power Plan (CPP) rule on Aug. 3, 2015, which sets forth a historic and ambitious regulation for cutting greenhouse-gas pollution. The CPP establishes the first-ever national standards...more

Michigan Supreme Court Approves Partial Use Tax Exemption for Transmission and Distribution Equipment

The Michigan Supreme Court held that an electric utility’s transmission and distribution equipment used for both taxable and exempt purposes qualifies for a partial sales and use tax exemption. See Detroit Edison Co. v. Dept....more

IRS Establishes 80% Threshold for Energy Companies to Apply When Determining Whether “Substantially All” of a Major Component Has...

On July 6, the Internal Revenue Service (IRS) Large Business and International Division issued a Directive1 to IRS agents regarding how to determine when a major component pertaining to steam or electric generation property...more

American Wind Energy Association Seeks Revisions to Generator Interconnection Rules

On June 19, 2015, the American Wind Energy Association (“AWEA”) filed a petition with the Federal Energy Regulatory Commission (“FERC”) for a rulemaking to revise the FERC’s pro forma Large Generator Interconnection...more

Wind Power Trade Association Seeks Reforms to Generator Interconnection Process

On July 7, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice seeking comments on a petition for rulemaking filed by the American Wind Energy Association (AWEA). The petition asks FERC to implement reforms...more

California orders aggressive reduction targets for green house gas emissions

California Governor Jerry Brown has issued a new Executive Order establishing a suite of statewide climate change policies, including one of the most aggressive emission reduction targets ever enacted in North...more

County Waited Too Long to Assess

In Duke Energy Fayette II, LLC v. Fayette County Board of Assessment Appeals, No. 1406 C.D. 2014 (May 28, 2015), the Court found that the Fayette County Board of Assessment Appeals conducted an impermissible spot reassessment...more

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