News & Analysis as of

Federal Energy Regulatory Commission Renewable Energy

Illinois District Court Rejects Federal Preemption Challenges to State Zero-Emissions Credit Program

by K&L Gates LLP on

On July 14, 2017, the U.S. District Court for the Northern District of Illinois issued an opinion dismissing challenges to the state of Illinois’ zero-emissions credit (“ZEC”) program. Illinois’ ZECs are tradable credits...more

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

by Stoel Rives LLP on

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

State Programs to Encourage Renewable Energy Are Constitutional (In Case You Were Worried)

Last week, the 2nd Circuit Court of Appeals affirmed a District Court decision rejecting a challenge to Connecticut statutes intended to encourage renewable energy development in Connecticut. It’s a critical win, not just...more

FERC Staff Questions Wind Farms on Calculation of PURPA’s One-Mile Rule

On June 9, 2017, Beaver Creek Wind II, LLC and Beaver Creek Wind III, LLC (together, “Beaver Creek”) responded to a deficiency letter from the Federal Energy Regulatory Commission (FERC or the “Commission”) staff seeking...more

Senate Committee Hearing on FERC Nominees

by Pierce Atwood LLP on

Last week the Senate Committee on Energy and Natural Resources held a hearing to consider the nominations of Robert Powelson and Neil Chatterjee to serve as Commissioners of FERC. Mr. Powelson is currently a Pennsylvania...more

Maine tidal pilot project not seeking new license

by PretiFlaherty on

The holder of a federal pilot license for a Maine tidal energy project has told regulators that it does not intend to relicense the project beyond the pilot license's expiration in 2022, pointing to tidal current velocities...more

May Washington Update

This month’s Washington Update provides insight into a number of energy-related developments at the federal level, including President Trump’s recently proposed budget for Fiscal Year 2018, the Senate’s failed efforts to turn...more

Energy Update - May 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please see...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

Emerging technologies and the electric grid

by PretiFlaherty on

A task force examining the deployment of emerging technologies across the North American electric grid has identified three imperatives necessary to ensure the continued reliability and efficiency of the bulk electricity...more

FERC Enters the Trump Era - The agency announces staff-led Technical Conference as Trump administration expected to name new...

On Friday, March 3, 2017, the Federal Energy Regulatory Commission (FERC) made the much-anticipated announcement of its upcoming staff-led technical conference on wholesale energy and capacity markets. The conference...more

Has Former FERC Chairman and Commissioner Norman Bay Made the Case for Changing the Commission's Gas Pipeline Certificate Process?

by Dentons on

Former Chairman and Commissioner Norman Bay gave the natural gas industry a surprise his last day at the Federal Energy Regulatory Commission ("FERC" or "Commission"), February 3, 2017, in opening a debate about whether the...more

Riding Currents into New Markets: What Power Generation Developers and Contractors Should Watch Out For

The CPV St. Charles Energy Center, a new 725 MW combined-cycle gas power plant in Maryland, went online earlier this month. The U.S. Supreme Court analyzed federal preemption with respect to state regulation of power...more

Renewable Energy Update - February 2017 #2

by Allen Matkins on

Renewable Energy Focus - Renewables made up majority of new U.S. capacity in 2016 - Solar Industry Magazine - Feb 6 - Renewable energy dominated new U.S. electrical generation put into service during...more

"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

The Trump Energy Agenda - The Early Days of President Trump and Secretary of Energy - Designee Rick Perry

What has happened since President Trump was inaugurated? - In one of his first executive actions, President Trump has placed a freeze on new government hires (excepting the military). Based on information from Trump...more

NYPSC Clarifies Clean Energy Standard (“CES”) and Commences First Compliance Year

by Davis Wright Tremaine LLP on

On August 1, 2016, the New York Public Service Commission (the “NYPSC” or “Commission”) issued an Order Adopting a Clean Energy Standard (CES Order). In the CES Order, the Commission adopted the State Energy Plan (“SEP”) goal...more

Environmental Organizations File Litigation Briefs Supporting New York’s ZEC Program

by McDermott Will & Emery on

Two environmental organizations, Environmental Defense Fund (EDF) and Natural Resources Defense Council (NRDC), have weighed in to defend the legality of New York State’s Zero Emissions Credit (ZEC) program in ongoing...more

Renewable Energy Investor Group Asks FERC to Designate Certain Passive Equity Interests in Public Utilities as “Non-Voting...

On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more

FERC Notice Should Serve as a Call to Action for the Distributed-Energy Resources Industry

On November 17, 2016, the Federal Energy Regulatory Commission (FERC) published a Notice of Proposed Rulemaking (NOPR) proposing to develop compensation models and participation rules for energy-storage devices and...more

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

by LeClairRyan on

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming...more

FERC Proposes Rules on Electric Storage and Distributed Energy Resource Participation in Organized Wholesale Power Markets,...

by Morrison & Foerster LLP on

FERC issued a proposed rule last week that has the potential to blaze a path forward for electric storage and distributed energy resources in organized wholesale electricity markets. It also released its annual enforcement...more

FERC Dismisses Electric Cooperatives’ Maryland Community Solar Program PURPA Case as Premature

On November 15, 2016, the Federal Energy Regulatory Commission (FERC) issued an order dismissing a petition for declaratory filed by two Maryland electric cooperatives requesting a FERC finding that regulations governing...more

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Electric energy storage: preparing for the revolution

by White & Case LLP on

Electric energy storage is on the cusp of a commercial breakthrough. Are markets and regulators ready? Until now, there have been only a few, comparatively costly ways to temporarily store large quantities of electric...more

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