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Federal Energy Regulatory Commission Power Purchase Agreements

Allen Matkins

Renewable Energy Update 2.12.24

Allen Matkins on

The Bureau of Land Management (BLM) is reviewing 20 major renewable energy projects — mostly solar — across the West that would cover as much as 193,000 acres of federal land, and generate 13,845 MW of electricity, or enough...more

McGuireWoods LLP

More Courts Reject FERC’s Jurisdictional Claims in Battle Over Rejection of Filed-Rate Contracts in Bankruptcy

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Debtors in bankruptcy have broad authority to shed unfavorable contracts through the executory contract rejection process, subject to approval of the bankruptcy court. The Federal Energy Regulatory Commission (FERC), on the...more

Morgan Lewis

Understanding Regulatory and Environmental Challenges to Offshore Energy Projects

Morgan Lewis on

As renewable energy grows in popularity, offshore power generation has been bolstered by recent federal and state initiatives that support the development and integration of offshore renewables to achieve emission reduction...more

K&L Gates LLP

FERC Prepares to Launch Long-Awaited MBR Relational Database

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Significant changes to the market-based rate (MBR) program administered by the Federal Energy Regulatory Commission (FERC) will begin rolling out in the next couple of weeks. In Order No. 860 (FERC Docket No. RM16-17), FERC...more

Allen Matkins

Renewable Energy Update - December 2020

Allen Matkins on

U.S. Senate approves Allison Clements and Mark Christie for FERC - Bullet PV-Tech – December 2 - The U.S. Senate has approved two candidates for the Federal Energy Regulatory Commission (FERC) that were nominated by...more

Jones Day

FERC v. Bankruptcy Court Turf War Update

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On June 22, 2020, the Federal Energy Regulatory Commission ("FERC") issued an order concluding that FERC and the U.S. bankruptcy courts have concurrent jurisdiction to review and address the disposition of natural gas...more

Troutman Pepper

Ninth Circuit Vacates FERC and Bankruptcy Court Orders, Avoiding Jurisdictional Dispute Over PPAs in Bankruptcy

Troutman Pepper on

On October 7, 2020, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) vacated, as moot, two FERC orders asserting concurrent jurisdiction to review the disposition of certain Pacific Gas & Electric...more

Allen Matkins

Renewable Energy Update - September 2020 #3

Allen Matkins on

Wildfire smoke decreases California solar energy output - KQED – September 11 - Thick layers of ash and smoke in California have made it harder for solar panels to absorb sunlight, decreasing their energy output by as...more

Allen Matkins

Renewable Energy Update - August 2020 #2

Allen Matkins on

U.S. sitting on 145 GW of unused commercial solar potential, according to new Wood Mackenzie study - Bullet Greentech Media – August 10 - Wood Mackenzie is forecasting a 32 percent drop in commercial solar...more

Akin Gump Strauss Hauer & Feld LLP

Divided FERC Revamps PURPA Regulations: What the Final Rule Does and Why It Matters

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more

Allen Matkins

Renewable Energy Update - July 2020 #4

Allen Matkins on

FERC finalizes PURPA rule reforms - Bullet Power Magazine – July 16 - The Federal Energy Regulatory Commission (FERC) has finalized a long-awaited rule revising regulations that govern qualifying small power producers...more

Allen Matkins

Renewable Energy Update - June 2020 #4

Allen Matkins on

Federal lands woefully underutilized for utility-scale solar, according to new study - Bullet Solar Industry Magazine – June 22 - The Bureau of Land Management (BLM), which manages lands across Arizona, New Mexico,...more

Allen Matkins

Renewable Energy Update - June 2020 #3

Allen Matkins on

Sunrun launches U.S. virtual power plant - Bullet Solar Industry Magazine – June 17 - Sunrun Inc. and Southern California Edison (SCE) are working together to launch one of the first residential energy storage virtual...more

Kramer Levin Naftalis & Frankel LLP

Sixth Circuit Holds Bankruptcy Court Has Jurisdiction Over Rejection of Power Purchase Agreements

In FERC v. FirstEnergy Solutions Corp. (In re FirstEnergy Solutions Corp), Case No. 18-3787 (6th Cir. Dec. 12, 2019), the Sixth Circuit affirmed the bankruptcy court’s jurisdiction over the rejection of certain power purchase...more

Eversheds Sutherland (US) LLP

Sixth circuit weighs FERC authority over rejection of power contracts in bankruptcy

On December 12, 2019, the US Court of Appeals for the Sixth Circuit issued a highly anticipated ruling in the FirstEnergy Solutions Corp. bankruptcy case, regarding the efforts of FirstEnergy Solutions Corp. (FirstEnergy or...more

Nelson Mullins Riley & Scarborough LLP

The Sixth Circuit Sets Standard on Power Struggle at Play in Bankruptcy Proceedings Between a Federal Agency and its Federally...

In In re FirstEnergy Solutions Corp., 2019 WL 6767004 (6th Cir. Ct. App.), the United States Court of Appeals affirmed in part, reversed in part, and remanded to the bankruptcy court for further consideration, the...more

Dechert LLP

Jurisdiction Over Rejection of Power Purchase Agreements—Confusion Continues

Dechert LLP on

Periods of volatility in energy prices cause spikes in energy companies’ bankruptcies. These bankruptcies lead to debtors’ attempts to reject power purchase agreements (“PPAs”). These attempts ignite the unresolved legal...more

Wilson Sonsini Goodrich & Rosati

Sixth Circuit Affirms Bankruptcy Courts’ Jurisdiction over Rejection of Energy Contracts, Subject to Certain Constraints

On December 12, 2019, a divided panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the bankruptcy court in the bankruptcy proceedings of FirstEnergy Solutions Corp. (FES) has jurisdiction to decide whether...more

Akin Gump Strauss Hauer & Feld LLP

Divided FERC Proposes Major Overhaul of PURPA Regulations

On September 19, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) proposed to “modernize” its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA) to “better sync [them] with...more

Kelley Drye & Warren LLP

PG&E Bankruptcy Judge to FERC: What Part of “Exclusive” Jurisdiction Do You Not Understand?

U.S. Bankruptcy Judge Dennis Montali recently ruled in the Chapter 11 case of Pacific Gas & Electric (“PG&E”) that the Federal Energy Regulatory Commission (“FERC”) has no jurisdiction to interfere with the ability of a...more

Jones Day

The Turf War Between the Bankruptcy Courts and FERC Escalates

Jones Day on

The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp. have reignited the debate over the power of a U.S. bankruptcy court to...more

Holland & Hart LLP

Rejecting Power-Purchase Agreements in Energy Cases: Do Bankruptcy Courts Have Exclusive Jurisdiction?

Holland & Hart LLP on

In a much-awaited and pivotal decision in the PG&E chapter 11 proceeding, the U.S. Bankruptcy Court for the Northern District of California held that it not only has exclusive jurisdiction over the rejection of wholesale...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Upholds Renewable Energy Developers’ PURPA Rights

On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued a decision in Winding Creek Solar LLC v. Peterman affirming a district court’s finding that the California Public Utilities...more

Womble Bond Dickinson

Pacific Gas & Electric Bankruptcy Alert

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A recent ruling in the Pacific Gas and Electric Company (PG&E) bankruptcy proceeding highlights the risk to certain renewable energy projects from utility bankruptcy. In a June 7, 2019 ruling, the PG&E bankruptcy court denied...more

K&L Gates LLP

PG&E Bankruptcy Court Rejects FERC’s “Concurrent” Jurisdiction over PPA Rejection

K&L Gates LLP on

In response to the Federal Energy Regulatory Commission (“FERC”), the U.S. Bankruptcy Court for the Northern District of California held that the rejection of wholesale power purchase agreements “is solely within the power of...more

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