Public Utilities Commission

News & Analysis as of

News from Second & State

It was a quiet week in the state capitol, with neither chamber in Harrisburg for session. Next week, however both the House of Representatives and the Senate will return for three days of voting session....more

MN PUC Approves First Minnesota Multiyear Plan, But Work Remains on Implementation

Yesterday, the Minnesota Public Utilities Commission (the “Commission”) met to address the first general rate case filed under section 216B.16 subd. 19 of the Minnesota Statutes. Northern States Power Company, a Minnesota...more

MN PUC Denies Return on Cost Overrun for Xcel Nuclear Project

On Tuesday and Friday this week, the MN PUC heard arguments from various stakeholders regarding the Xcel Energy life cycle management and extended power uprate (LCM/EPU) projects. The stage for the arguments was set by the...more

Court Strikes Down Surcharge on Utility Users Imposed Under a Franchise Agreement

Surcharge Collected for General Revenue Purposes Under a Franchise Agreement must be Approved by Voters - A surcharge on electric utility bills collected by a power company pursuant to a franchise agreement and remitted...more

PUC Steps In To Protect Supplier From Defending Phantom Allegations and Complaints Outside Its Jurisdiction

Granting a Motion for Summary Judgment and dismissing Complaints filed against a competitive electric generation supplier (EGS), Blue Pilot Energy (Blue Pilot), the Pennsylvania Public Utility Commission (PUC) issued an...more

Nevada Power to Issue RFP for Additional Electric Capacity

Nevada law mandates that Nevada Power Company (“Nevada Power”) retires and replaces its coal-fired generation through an emissions reduction and capacity replacement plan (“ERCR Plan”). On May 1, 2014, Nevada Power filed its...more

Texas PUC to Submit Proposed Rules for Adoption

In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to...more

Colorado Legislature Considers How to Implement EPA’s Clean Power Plan

While the U.S. Environmental Protection Agency has decided to delay until Summer 2015 issuing final rules for carbon dioxide emissions from existing power plants under its Clean Power Plan (CPP), the Colorado General Assembly...more

Minnesota Community Solar Gardens Forecast: Partly Sunny with a Chance of Rain

Within days of its open on December 12, 2014, Xcel Energy’s Minnesota Community Solar Garden (CSG) Program had well over 300 MW worth of CSG applications submitted and by this writing nearly 430 MW. The rush of significant...more

Governor Nominates McLean Commissioner of Maine Public Utilities Commission and Names Commissioner Vannoy as Chairman

Governor Paul R. LePage announced yesterday that Carlisle McLean has been nominated as Commissioner of the Maine Public Utilities Commission (MPUC). If confirmed by the Legislature, McLean would fill the position vacated by...more

To Need or Not to Need, that is the Question: MN PUC Answers in the Affirmative

On Monday, the MN PUC addressed whether ‘tis nobler in the pocketbook to suffer the slings and arrows of the MISO market or to invest in new generating units against a sea of uncertainty....more

NextEra Acquires Hawaiian Utility for $4.3 Billion

NextEra recently acquired Hawaiian Electric Industries (“HEI”) in a transaction valued at $4.3 billion, subject to Hawaii Public Utilities Commission approval and approval by HEI shareholders. HEI shareholders will receive a...more

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

Pennsylvania Extends Life and Applicability of Chapter 14 of the Public Utility Code

On October 22, 2014, Governor Corbett signed Act 155 into law. The Act will go into effect 60 days from the date the governor signed it or approximately December 21, 2014. Among other things, this Act revises Section 510 and...more

The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1) [Video]

Alison Kastama, a communication manager with the San Francisco Public Utilities Commission (SFPUC) and Heather Pohl, a project manager at SFPUC for the Automated Water Meter Program, join The Water Values Podcast for the...more

Pennsylvania Public Utilities Commission Appeals Act 13 Ruling to State Supreme Court

The Pennsylvania Public Utilities Commission (PPUC) is asking the state Supreme Court to review a July ruling by the Pennsylvania Commonwealth Court that strips PPUC of its authority to review and approve local drilling...more

Arizona utility fined $3.25 million over 2011 blackout

On a hot summer afternoon in 2011, cascading power outages spread across the North American Southwest. Over 5 million people in Southern California -- including all of San Diego -- Arizona and Mexico were left without power...more

PUC Pipeline Case Presents Issue of Who Qualifies as a Public Utility Corporation

A recently filed case before the Pennsylvania Public Utility Corporation (“PUC”) raises the issue of what type of pipeline company qualifies as a “public utility corporation” under Pennsylvania statutes. The term is not...more

Second Circuit Denies Request to Stay NYISO’s New Capacity Zone

On June 4, 2014, the United States Court of Appeals for the 2nd Circuit (2nd Circuit) denied emergency stays of two Federal Energy Regulatory Commission (FERC) orders implementing a new capacity zone (NCZ) in New York (“NCZ...more

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

Green Banks: Financing Tomorrow’s Clean Energy Projects

In February 2014, lawyers from Latham & Watkins participated in the inaugural Green Bank Academy held in Washington, D.C. State energy and finance officials from across the US attended the Academy to discuss the role of green...more

Texas Supreme Court Issues Opinion with Implications for Power Purchase Agreements

The Texas Supreme Court recently issued an opinion with implications for negotiating terms in power purchase agreements in the renewable energy market. In FPL Energy LLC, et al. v. TXU Portfolio Management Co., LP, the Court...more

Under The Dome: Inside The Maine State House 4-18-14

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Completes Last Full Week of Work for the Year - On April 18th at 1:05 a.m.,...more

PUC Adopts Final-Omitted Regulations Addressing Variable Price Contracts

the Pennsylvania Public Utility Commission (“PUC”) adopted a final rulemaking order to revise its customer information regulations in 52 Pa. Code §54.5. These regulations would set forth additional requirements for electric...more

Is the Future Test Year History?

Is the Future Test Year History? Public Service Company of Colorado (PSCo), a subsidiary of Xcel Energy, awaits final ruling by the Colorado Public Utilities Commission (CPUC) on whether its proposed future test year...more

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