News & Analysis as of

ISO-NE files IRC-related values for 2019-2020

In advance of an upcoming auction to sell electric generating capacity into the New England market, regional grid operator ISO New England Inc. has submitted key information about its plans to the Federal Energy Regulatory...more

FERC Extends Comment Period on Proposal to Expand Reporting Requirements for Power Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed rule requiring wholesale electricity buyers and sellers (participants in markets run by Regional Transmission Organizations (RTOs) or Independent...more

Record low prices in summer 2015 New England wholesale electricity market

The summer of 2015 brought New England the lowest wholesale electricity prices since 2003, thanks to record low prices for natural gas. According to regional grid operator ISO New England Inc., this illustrates what happens...more

Brave New World: SB 350 Increases CA’s Renewable Energy and Efficiency Goals

California Governor Jerry Brown signed into law Senate Bill 350, the “Clean Energy and Pollution Reduction Act of 2015” on October 7, 2015. SB 350 reflects some of Governor Brown’s bold commitments from his inaugural speech...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Renewables Intermittent Power Generation (Part 6 of 6)

Tom Burton, Chair of Mintz Levin’s Energy Technology Practice, has published a weekly installment providing insight into the challenges and possible solutions that, if implemented, promise a bright future as clean energy...more

FERC Issues Final Rule Streamlining Market-Based Rate Policies and Procedures

On October 16, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 816, a Final Rule streamlining its requirements for authorization to make wholesale sales of electric energy, capacity and ancillary...more

Supreme Court Argument on Demand Response Marked by Ideological Divisions

On Wednesday, October 14, 2015, the parties to the U.S. Supreme Court case FERC v. EPSA made their arguments before the justices. This case involves the validity of the Federal Energy Regulatory Commission’s (FERC or...more

FERC Proposes Expansive “Connected Entity” Reporting Requirement

The Federal Energy Regulatory Commission (FERC) has proposed requiring the operators of centralized wholesale power markets to collect and provide to FERC a broad range of market participant data, including (i) each market...more

Massachusetts nuclear power plant to close

The Pilgrim Nuclear Power Station, the sole nuclear power plant in Massachusetts, will close by June 2019, according to its owner Entergy Corp. Entergy is an integrated energy company headquartered in New Orleans,...more

Renewable Energy Update - October 2015

Renewable Energy Focus - Price of solar energy in the U.S. has fallen to 5¢/kWh on average: Lawrence Berkeley National Laboratory - Sep 30: Solar energy pricing is at an all-time low, according to a new report released...more

FERC Takes Modest Step Forward in RTO/ISO Price Formation

Taking the first formal step in its year-long effort to examine price formation issues in the wholesale energy and ancillary services markets operated by regional transmission organizations and independent system operators...more

To Aid Enforcement Issues, FERC Proposes Significant Expansion of Data Required from RTO and ISO Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed to significantly expand the types and amount of data that regional transmission organizations (RTOs) and independent system operators (ISOs)...more

California Legislature Boosts Renewables Portfolio Standard to 50 Percent and Increases Energy Efficiency Goals; Balks at...

Following a raucous debate fueled by intense lobbying by environmental organizations and the oil industry, the California Legislature has approved an ambitious plan by Gov. Jerry Brown (D) to boost targets for renewable...more

Legislative Update: California Passes Groundbreaking Legislation Increasing Renewable Energy and Energy Efficiency Mandates, But...

The end of the California State Legislature’s regular session for the year culminated in a frenzy of action, with Assembly members scrambling to pass dozens of bills before midnight on September 12, 2015. The California...more

Atlanta federal district court interprets CFPA standard for “substantial assistance” liability

Earlier this year, the CFPB filed a complaint in Atlanta federal district court targeting an alleged debt collection scam in which not only were the debt collectors named as defendants (Debt Collectors) but three companies...more

Security Frameworks 101: Which is Right for my Organization?

These days information security is on the minds of virtually all technology professionals and business executives alike. But how does an organization ensure that their security profile is adequate. It can certainly help to...more

California Energy Commission Report Projects Local Electric Reliability Deficits By 2021, Potentially Triggering The Need For New...

The California Energy Commission (CEC) has released an August 2015 report projecting local reliability shortfalls in the Los Angeles basin planning area as early as 2021. The deficits may require new natural gas power...more

Tax Court Voids Portion of Code Section 482 Cost Sharing Regulations

There are tax advantages for U.S. taxpayers to jointly develop intangible personal property with related non-U.S. entities. Treasury Regulations provide detailed guidance on what costs must be shared between the...more

FERC Eliminates Annual Retail Purchaser List Filing Requirement

On July 16, 2015, the Federal Energy Regulatory Commission (FERC) eliminated the requirement for certain public utilities, including regional transmission organizations (RTOs), independent system operators (ISOs) and exempt...more

Privacy and Security Guidance: Cloud Computing in the MUSH Sector

I. Purpose of this Guidance Document and How to Apply - This document is intended to be used by decision makers in the MUSH Sector when considering using cloud services....more

Mexico’s Energy Reforms and Dispute Resolution System

In 2013, Mexico’s President submitted an initiative to Congress to modify the Mexican Constitution to allow private parties to perform exploration and production activities in Mexico. The initiative also included...more

New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction...

The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more

FERC Approves NV Energy Request to Join California Energy Imbalance Market

On May 14, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order addressing NV Energy’s proposed tariff changes for joining the California Independent System Operator (“CAISO”) Energy Imbalance Market...more

CFTC Issues Proposed Order to Exempt Certain SPP Transactions from Regulation Under Most Provisions of the CEA and CFTC Rules

On May 19, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued an order in response to an application from Southwest Power Pool, Inc. (“SPP”) proposing to exempt three categories of SPP transactions...more

ISO-NE projects slow growth in electricity demand

New England's electric grid operator predicts slow growth in annual energy usage in the region over the next decade, with slightly quicker growth in peak demand....more

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