Electric Generation Suppliers

News & Analysis as of

European Commission Plans to Vet Gas and Energy Contracts and Its Approach to Russian Suppliers

A proposal to grant the European Commission a role in vetting gas supply contracts across the EU has been met with fierce resistance from the member states. The current proposal is another element of the EU’s broader...more

Entergy Sues New York’s Public Service Commissioners, Alleging Constitutional Violations in Awarding an Out-of-Market Contract to...

New York is under fire, like Maryland and New Jersey before it, for allegedly advantaging an incumbent generator competing in Regional Transmission Organization markets with an out-of-market contract. Entergy has sued the New...more

PUC Steps In To Protect Supplier From Defending Phantom Allegations and Complaints Outside Its Jurisdiction

Granting a Motion for Summary Judgment and dismissing Complaints filed against a competitive electric generation supplier (EGS), Blue Pilot Energy (Blue Pilot), the Pennsylvania Public Utility Commission (PUC) issued an...more

FERC Protects a QF’s PURPA Right to Sell Net Output

On January 22, 2015, the Federal Energy Regulatory Commission (FERC) issued an order reaffirming a qualifying facility’s (QF) right to sell all of its net output to a utility under the Public Utility Regulatory Policies Act...more

Southern California Edison Launches RFO for Distributed Generation in Orange County

On November 20, 2014, Southern California Edison (SCE) launched its Renewable Distributed Generation Preferred Resources Pilot (PRP RFO) for Eligible Renewable Resources (ERRs) in central Orange County. The PRP RFO will be...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

NAESB to Seek Industry Comments on Proposed Modified Standards Prepared in Response to FERC Gas-Electric Coordination NOPR

The Notice of Proposed Rule Making re: Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities (Docket No. RM14-2-000) (“NOPR”) issued by the Federal Energy Regulatory Commission...more

FERC Proposes New Regulations on Priority Rights and Access to Generator Interconnection Facilities

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) on open access and priority rights with regard to Interconnection Customer’s Interconnection Facilities (ICIF)....more

FERC Reversed on Demand Response Programs – Who Can and Should Incent Non-Sales of Electricity?

In an appeal decided on May 23, 2014 at Docket No. 11-1486, the District of Columbia U.S. Court of Appeals vacated in its entirety the Federal Energy Regulatory Commission’s (“FERC”) Order No. 745 due to FERC’s lack of...more

When Is An Agreement Not To Purchase Electricity a Retail Sale? The DC Circuit Strikes Down FERC Order 745

Last Friday, the D.C. Circuit Court of Appeals struck down FERC Order 745, which required that demand response resources be compensated in the same way as traditional generation resources, at the “locational marginal price”,...more

FERC Issues NOPR Regarding Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities

At the March open meeting, FERC issued a notice of proposed rulemaking (NOPR) in which it proposed changes to the Gas Day and pipeline nominations schedule (Docket No. RM14-2-000, 146 FERC ¶ 61,201). The NOPR is part of the...more

PUC Adopts Final-Omitted Regulations Addressing Variable Price Contracts

the Pennsylvania Public Utility Commission (“PUC”) adopted a final rulemaking order to revise its customer information regulations in 52 Pa. Code §54.5. These regulations would set forth additional requirements for electric...more

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