News & Analysis as of

Energy Sector Utility Rates

Paul Hastings LLP

FERC Proposes Rule to Prohibit Reactive Power Compensation for Generators

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On March 21, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (NOPR) in Docket No. RM22-2 that proposes to prohibit transmission providers from allowing generating...more

Cozen O'Connor

What’s at Stake When the Supreme Court of Pennsylvania Takes on Smart Meters? Issues and Impacts

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At its December 2021 Oral Argument Session, the Supreme Court of Pennsylvania will hear arguments in three consolidated cases involving the installation of smart meters by electric utilities. A smart meter is part of a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2020

FERC: No Rehearing on Potomac Pipeline - "A federal commission this week turned down a request to rehear its approval for a proposed natural-gas pipeline under the Potomac River." Why this is important: In 2018, the Federal...more

Sheppard Mullin Richter & Hampton LLP

Cryptocurrency Miners I“rate” At Energy Rate Decision

A Washington state federal court recently addressed claims relating to rates that cryptocurrency mining companies pay for electricity in Grant County, Washington. The court rejected all of the miner’s legal claims. The...more

King & Spalding

Energy Newsletter - November 2019

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The IMO and the Price of Gas or The Impact of the International Maritime Organisation’s Sulphur 2020 Limit for Marine Fuel Oil on the Price of Gas - The main bunker fuel for ships is High Sulphur Fuel Oil (HSFO, with...more

Beveridge & Diamond PC

FERC Proposes the First Comprehensive Reform of its PURPA Regulations Since 1980: Renewables Under the Gun?

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On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to comprehensively rewrite its rules for implementing the Public Utility Regulatory Policies Act...more

Alston & Bird

FERC Proposes Rule Revisions Under the Public Utility Regulatory Policies Act of 1978

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The Federal Energy Regulatory Commission seeks to revise its PURPA regulations after nearly 40 years of growth in the energy industry, but not everyone is on board. Our Energy Group highlights the notable proposed changes and...more

Saul Ewing LLP

FERC Proposes Major Modifications to PURPA - Some Regions May Be More Affected Than Others

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The Federal Energy Regulatory Commission (“FERC”) issued a proposed rulemaking on September 19, 2019, that entails a sweeping overhaul of the Public Utility Policy Act of 1978 ("PURPA") which could have significant impact on...more

Nelson Mullins Riley & Scarborough LLP

FERC Proposes Most Significant Reforms to Regulations Implementing PURPA in Almost Forty Years with Significant Implications for...

Last week, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to modernize its regulations governing small power producers and cogenerators under the Public Utility Regulatory...more

Husch Blackwell LLP

FERC Proposes Sweeping Changes To PURPA Regulations

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The Federal Energy Regulatory Commission (FERC) issued a sweeping Notice of Proposed Rulemaking (NOPR) proposing to dramatically reform its regulations that implement the Public Utility Regulatory Policies Act of 1978...more

Morgan Lewis

Pennsylvania Supreme Court Strikes Down City Ordinance Attempting to Regulate Utilities’ Use of Municipal Rights-of-Way

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The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more

King & Spalding

The Ninth Circuit Affirms that California QF Contracts Do Not Comply with PURPA

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On July 29, 2019, the United States Court of Appeals for the Ninth Circuit issued its decision in Winding Creek Solar LLC v. Peterman et al, Case Nos. 17-17531, 17-17532 (9th Cir. July 29, 2019), which affirmed the judgment...more

Sheppard Mullin Richter & Hampton LLP

9th Circuit Says CPUC’s Standard Contract and Re-MAT Program for Certain Renewable Generators are not PURPA Compliant

In a recent opinion, the Ninth Circuit held that the California Public Utilities Commission’s (CPUC) Renewable Market Adjusting Tariff (Re-MAT) program and alternative Qualifying Facility (QF) standard offer contract...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2019

Alexandria Ocasio-Cortez Floats 70% Tax on Wealthy to Pay for 'Green New Deal' - "Ocasio-Cortez has put forward a 'Green New Deal' that includes generating the nation's power from renewable sources, building a national...more

Akin Gump Strauss Hauer & Feld LLP

Congress Passes Energy Legislation on FERC’s Merger Review and Judicial Review of FERC Inaction on Rate Filings

The U.S. Senate and House of Representatives recently passed legislation regarding the Federal Energy Regulatory Commission’s (FERC or Commission) review of certain transactions as well as judicial review of rate changes that...more

Bricker Graydon LLP

Outcome of utility rate cases could mean $20 million in battery storage projects for Ohio

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In April 2018, Bricker & Eckler published an overview of Ohio’s current energy storage landscape, which discussed recent Public Utilities Commission of Ohio (PUCO) decisions with battery storage pilots, the Federal Energy...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018 #3

Judge Boots the Global Warming Cases of San Francisco and Oakland Against Oil Companies - "In a 16-page order, U.S. District Judge William Alsup granted the motions to dismiss from the five targeted companies - Chevron,...more

Best Best & Krieger LLP

City’s Electric Utility Fund Transfer to General Fund Upheld by Court - California Appellate Court Interprets Term “Increase” and...

The City of Riverside’s transfer of electric utility service charge revenue to the City’s general fund for general purposes was upheld last week by a California Appellate Court. ...more

Orrick, Herrington & Sutcliffe LLP

FERC Abandons Tax Allowance in MLP Pipeline Rate Setting and Signals Changes Due to Tax Act Rate Drop

On Thursday, March 15, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a series of orders and notices to address changing the treatment of income tax costs in rate setting for oil and natural...more

Akin Gump Strauss Hauer & Feld LLP

FERC Amends Regulations to Remedy Barriers to Energy Storage Participation in Wholesale Electricity Markets; Saves Distributed...

At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more

Holland & Knight LLP

Court Holds Federal Law Preempts California Regulations Promoting Renewable Energy Projects

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• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more

Hogan Lovells

Department of Energy Proposes Major Changes to Wholesale Power Market Rules

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During his confirmation hearing to be Secretary of Energy, Rick Perry repeatedly expressed support for an “all of the above” approach to energy development and use. On Friday, September 29, he initiated one of the first...more

Stinson LLP

DC Circuit Vacates FERC Order on PJM's Capacity Market

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Decision limits FERC's ability to modify rate proposals - In an opinion issued on July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held that Section 205 of the Federal Power Act "does not allow...more

Skadden, Arps, Slate, Meagher & Flom LLP

"FERC Could See Substantial Changes Under President Trump"

The Federal Energy Regulatory Commission (FERC) is a somewhat obscure and highly technical agency that was not discussed specifically during President Donald Trump’s campaign. Its regulatory footprint is, however,...more

Foley & Lardner LLP

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

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Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

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