Electricity

News & Analysis as of

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Kansas Tax Authority Confirms Only a Utility may Sell Power in Kansas

In its first opinion letter of the year, the Kansas Department of Revenue (DOR) confirmed that under Kansas law only a utility can sell power to a residential customer. The text of the letter references the request as being...more

Supreme Court Affirms FERC Demand Response Authority

Last week, the Supreme Court handed down a ruling affirming that federal regulators may encourage large electricity users to reduce consumption at peak times in exchange for price breaks, a practice known as “demand...more

Egypt Liberalises Electricity Market to Allow Private Sector Participation

In 2015, Egypt issued its unified Electricity Law no. (87), paving the way for market liberalisation of its power generation and distribution services. A few months on from its introduction, what are some of the key...more

New Year, New Market-Based Rates Regulatory Regime

The new year has brought U.S. electricity markets participants an overhauled regulatory regime for market-based rates under section 205 of the Federal Power Act. The Federal Energy Regulatory Commission (“FERC” or...more

Renewable Energy Update - January 2016 #4

Renewable Energy Focus - The Verdict Is In: CPUC Preserves Net Metering In California - Solar Industry - Jan 28 In a 3-2 vote this morning, the California Public Utilities Commission (CPUC) issued its long-awaited...more

NERC suggests Clean Power Plan reliability considerations

The electric reliability organization for North America has issued an assessment of reliability considerations it thinks state electricity and environmental regulators should take into account in crafting state plans to...more

Is Resale of Electricity at Electric Vehicle Charging Stations a Utility Service?

The New Hampshire Public Utilities Commission (NHPUC) recently directed its Staff to investigate the implications of the resale of electricity by electric vehicle charging stations. (Docket IR 15-510) New Hampshire has a...more

Environmental Policy Quarterly

Welcome to the Winter 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. This...more

Africa Update - January 2016 #3

Leading the News - Burkina Faso - On January 15th, Al Qaeda in the Islamic Maghreb (AQIM) claimed responsibility for a string of attacks in Burkina Faso that took the lives of 29 civilians from at least seven...more

Good Law Catches Up With Good Policy: The Supreme Court Upholds FERC’s Demand Response Order

The Supreme Court today affirmed FERC’s Order No. 745, which required that demand response resources be treated the same as generation resources when participating in wholesale electricity markets. I’m feeling vindicated,...more

Renewable Energy Update - January 2016 #3

Renewable Energy Focus - Utilities push a solar pricing proposal they say is fairer for non-solar users - Los Angeles Times - Jan 20 - Southern California Edison, San Diego Gas & Electric and Pacific Gas &...more

DEWA releases RfP for 800MW solar IPP

The Dubai Electricity and Water Authority (DEWA) has invited pre-qualified bidders to submit proposals for Phase 3 of the Mohammed Bin Rashid Al-Maktoum Solar Park (the Solar Park Scheme). The Solar Park Scheme is central to...more

FERC Meeting Agenda Summary - January 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 21, 2016 meeting, pursuant to the agenda as issued on January 14, 2016. Agenda items E-9 and C-1 have not been summarized...more

Terms for the Separation of Federal Electricity Commission

On January 11, 2015, Mexico’s Ministry of Energy (SENER) published the general terms for the separation of the Federal Electricity Commission (CFE) in the Federal Official Gazette (the “Terms”). This action was taken pursuant...more

Win for Wind on Taxes: Federal Income Tax Wind Farm Production Credit Extended for 2015 through 2019 - "Phase-Out" Limits Credit...

Wind farm electric generation facilities in Oklahoma have received a favorable federal income tax credit extension. The federal income tax credit for production of electricity by a qualified facility from wind...more

FERC considers geomagnetic disturbance standards

U.S. energy regulators examining reliability standards for the electric transmission grid relating to geomagnetic disturbances have scheduled a technical conference for March 1, 2016. Geomagnetic disturbance, or GMD,...more

FERC Proposes Rule Clarifying Requirements for Market-Based Rate Sellers to Identify Owners and Affiliates

The Federal Energy Regulatory Commission (FERC) proposed on December 17, 2015, to amend its regulations to clarify the obligations of certain companies that sell electric energy to identify their owners and affiliates. This...more

FERC Confirms Regulatory Immunities for Private Equity Investors and Funds

Passive limited partner investors in private equity funds that make FERC-regulated investments are not themselves subject to FERC’s corporate regulatory regime. Those that own interests in businesses that sell...more

FERC 2015 report on demand response, advanced metering

Staff of the Federal Energy Regulatory Commission have released their tenth annual report on demand response and advanced metering. The FERC staff report, 2015 Assessment of Demand Response and Advanced Metering, provides an...more

NYSDEC to Propose Emission Limits for Distributed Generation Sources

The New York State Department of Environmental Conservation is proposing new regulations to impose air emission limits and operating requirements on distributed generation (“DG”) sources. The proposed rules will respond to...more

FERC Meeting Agenda Summary - December 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s December 17, 2015 meeting, pursuant to the agenda as issued on December 10, 2015. Agenda item E-2 has not been summarized due to...more

Pipeline Series Part II – A New Approach: The Federal-State Partnership Process

Before any new review processes are established, all parties must work to fill gaps in existing facility siting processes. States that currently have no established process for the siting review and approval of intrastate...more

20MW Project Planned for Ludlow, Cavendish, VT

On behalf of Coolidge Solar I, LLC, renewable energy Attorney Kimberly Hayden submitted a petition for a Certificate of Public Good to the Vermont Public Service Board to construct a solar photovoltaic generating facility of...more

American Businesses Installing More Solar Than Ever

Last week the Solar Energy Industries Association (SEIA) released a report highlighting the rapid growth in the use of solar energy by American businesses. According to the study, the top corporate solar users now operate...more

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