Public Utilities Commission

News & Analysis as of

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

Energy Storage: Mandate Creates Opportunity

A proposed decision issued by the California Public Utilities Commission could be a watershed moment in the energy storage market. The proposed decision, issued in early September, calls for the state’s three...more

Texas Supreme Court Upholds Gas Utility's Rate Schedule Containing a Cost of Service Adjustment Clause

On January 17, 2014, the Texas Supreme Court held that the Railroad Commission of Texas (the "Commission") has the authority to adopt a gas utility rate schedule providing for automatic annual adjustments based on increases...more

FERC Performs an About-Face in Idaho

With the holidays behind us and the cheer and reverie of the New Year trailing off, wind developers in Idaho may be realizing that the Federal Energy Regulatory Commission (FERC) left a lump of coal in their stockings on...more

PUC Issues Proposed Rulemaking Order Introducing New Resolution Procedures for Impact Fee Disputes

The Pennsylvania Public Utility Commission (“PUC”) issued a proposed rulemaking order on October 17, 2013 implementing the unconventional gas well fee (“Impact Fee”) provisions of Act 13. In large measure, the proposed...more

California Public Utilities Commission Adopts Terms of Standard FIT Contract and Revised Tariffs

On May 23, 2013, the California Public Utilities Commission (CPUC or Commission) approved Decision 13-05-034 (Decision), which adopts the terms of a standard contract and revised tariffs for California's renewable Feed-in...more

CPUC Rulemaking to Decide if Localities will be Shut Out of State Video Franchise Renewal Process - Opening Comments Must Be Filed...

The California Public Utilities Commission (CPUC) recently launched a proceeding to establish the rules that holders of state video franchises (such as Comcast, Time Warner Cable, Verizon, AT&T and others) must follow to...more

Commonwealth Court Clarifies Pennsylvania Utilities' Authority to Condemn Property for Operating and Maintaining Exiting Electric...

Pennsylvania’s Commonwealth Court recently clarified the power of public utilities to condemn property for operation and maintenance of existing facilities, holding that before exercising eminent domain to operate and...more

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke...more

City of Philadelphia moves forward with plan to sell its regulated gas division

The Mayor of Philadelphia recently announced the hiring of two investment bankers to start the solicitation process for selling the city’s gas division. As a unique feature of this transaction, the gas division is regulated...more

Farmland Solar Out to Pasture: BPU Approves SRECs for only 3 out of 57 New Grid-Supply Solar Farmland Projects

At its April 29, 2013 public agenda meeting in Trenton, the Board of Public Utilities (BPU) approved only 3 out of 57 new grid-supply solar farmland projects pending approval for solar renewable energy certificates (SRECs)....more

BPU Continues to Evaluate Incentive Programs for Solar Projects on Landfills and Brownfields

On July 23, 2012, L. 2012, c. 24 (the “Solar Act”) was signed into law by Governor Christie. The Solar Act, among other things, requires the New Jersey Board of Utilities (“BPU”) in consultation with the New Jersey...more

New Hampshire PUC Addresses Pole Attachment Rates

The New Hampshire Public Utilities Commission (PUC) today issued an order approving a settlement of a pole attachment rate dispute between Public Service Company of New Hampshire and Time Warner Entertainment Company L.P....more

Pennsylvania Utility Commission Upholds Act 129 Energy Efficiency Targets for FirstEnergy, PECO

After months of hearings and petitions, at their December 5, 2012 meeting, the Pennsylvania Public Utility Commissions (PUC) upheld PECO’s and FirstEnergy’s energy efficiency savings targets for the second phase of...more

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