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Public Utilities Commission Public Utility

Foley Hoag LLP - Energy & Climate Counsel

Massachusetts DPU Approves Utilities’ Electric Sector Modernization Plans

On August 29, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a highly anticipated order approving the Electric Sector Modernization Plans (“ESMPs”) filed by the three Massachusetts electric distribution...more

Holland & Knight LLP

IRS Rules 3 Utilities Cannot Reduce NOL Carryforwards for Tax Allocation Payments

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Following the initial public release of private letter ruling (PLR) 20242002 as part of a state rate proceeding, on June 28, 2024, the IRS publicly released that ruling, as well as two companion rulings obtained by other...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Holland & Knight LLP

IRS Updates and Modernizes Rules Governing Utility Securitizations

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Since the issuance of Revenue Procedure (Rev. Proc.) 2005-62, many utilities have used securitizations authorized by state law to secure collections of stranded costs upon the retirement of certain generation plants or costs...more

Eversheds Sutherland (US) LLP

Court of Appeals affirms “grandfather” rights in Territorial Act renovation dispute

The Georgia Court of Appeals has affirmed Georgia Power Company’s “grandfather” rights to provide electric service to a manufacturing/warehouse facility that had been expanded and renovated over the years, but not...more

Bennett Jones LLP

Update on Alberta's Renewables Pause: Expert Recommendations Provided on Module A Land Impact Issues

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The Alberta Utilities Commission's (AUC) government-directed inquiry regarding the key issues of concern with renewable power projects in Alberta (the Inquiry) is underway. The focus of this post is Module A....more

Genova Burns LLC

New Jersey Board of Public Utilities Issues Order Setting Forth New Community Solar Program

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On August 16, 2023, the New Jersey Board of Public Utilities issued an order setting forth the new Community Solar program that is replacing the prior Pilot Program. This Community Solar Energy Program (“CSEP”) continues upon...more

Verrill

Georgetown Broadband LLC Secures Utility Pole Attachment Authorization for Community Broadband Project

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On February 17, 2023, Georgetown Broadband LLC (GBLLC) became the latest community broadband entity to receive pole attachment authorization from the Maine Public Utilities Commission (PUC) to deploy a fiber broadband...more

Verrill

Maine PUC Asked to Fix “Leapfrogging” Problem Triggered by 2022 Changes to Maine’s Generator Interconnection Rule

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The Maine Public Utilities Commission is currently considering whether to commence a formal emergency rulemaking process to amend Chapter 324 of its rules governing generator interconnections. The purpose of the rulemaking...more

Verrill

Maine Public Utilities Commission to Receive Bids for Northern Maine Transmission and Renewable Generation Projects

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On or before May 2, 2022, the Maine Public Utilities Commission has requested bids for proposed transmission and generation resources that would boost energy exports from northern Maine. The northern Maine region has long...more

Stikeman Elliott LLP

No Complaint to Complaint Based Regulation: Alberta Utilities Commission Decision 26717-D01-2022

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On March 2, 2022, the Alberta Utilities Commission (AUC) issued a decision exempting Calgary District Energy Inc. (CDHI) and the Downtown District Energy Centre (DDEC) from certain provisions of the Public Utilities Act and...more

Davis Wright Tremaine LLP

California Communications Infrastructure Update: A Look Ahead at Potential Regulatory Developments in 2022

As explained in our earlier post, we expect the substantial pace of regulatory developments related to communications infrastructure in California to continue in 2022. Additionally, changes at the California Public Utilities...more

Stoel Rives - Renewable + Law

Public Utilities Commission of Texas Adopts New Winter Weatherization Rules in Response to Winter Storm Uri

On October 21, 2021, the Public Utility Commission of Texas (PUCT) approved a rule that creates requirements for power companies to better prepare for winter weather. The rule stems from the Texas Legislature’s passage of...more

Vinson & Elkins LLP

After the Storm: Public Utility Commission of Texas Adopts New Winter Weatherization Rule Requirements for ERCOT-based Generators...

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In the aftermath of Winter Storm Uri, the Texas Legislature passed Senate Bill 3, which, among other things, required the Public Utility Commission of Texas (“the Commission”) to adopt certain market-related rules. A key...more

Cozen O'Connor

Does Your Purchase/Sale of a Business Include a Public Utility?

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The buyer of a business obviously must do its due diligence. Part of this due diligence is identifying any permits, licenses, or certificates that must be transferred to the buyer (or otherwise obtained by the buyer) at or...more

Verrill

Patrick Scully Nominated to Maine PUC

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On May 24, Governor Janet Mills nominated attorney Patrick Scully, who was most recently the Chief Executive Officer of Bernstein Shur, to serve a six-year term on the Maine Public Utilities Commission. For over 36 years,...more

Cozen O'Connor

Pennsylvania Public Utility Commission Further Defines Qualifying Alternative Energy Sources

Cozen O'Connor on

Pennsylvania’s Alternative Energy Portfolio Standards Act (AEPS Act) requires that a certain percentage of the electric energy that electric distribution companies (EDCs) and electric generation suppliers (EGSs) sell to...more

Cozen O'Connor

Pennsylvania Public Utility Commission Enters a New Phase in Responding to the COVID-19 Pandemic

Cozen O'Connor on

On March 11, 2021, the Pennsylvania Public Utility Commission voted to take additional steps toward returning to pre-COVID-19 pandemic procedures for collecting amounts due for public utility service in Pennsylvania. ...more

Mayer Brown

More Polar Vortex 2021 Fallout: 2nd PUCT Commr. Resigns, Lt. Gov. Calls on PUCT or ERCOT to "Fix" $16B "Error"

Mayer Brown on

On March 8, 2021, Commissioner Shelly Botkin resigned immediately from the Public Utility Commission of Texas (PUCT), leaving the PUCT with only one sitting commissioner. Somewhat unusually, under Texas’ Public Utility...more

Mayer Brown

More Polar Vortex 2021 Fallout (and Texas Two-Step): Monitor for ERCOT Identifies Improper Payments for Ancillary Services and...

Mayer Brown on

On March 1, 2021, Potomac Economics, the Independent Market Monitor (IMM) for the Electric Reliability Council of Texas (ERCOT), filed a report with the Public Utility Commission of Texas (PUCT) that certain payments were...more

Cozen O'Connor

Regulating Troubled or Failing Monopolies: Ordering One Public Utility to Acquire Another

Cozen O'Connor on

One of the traditional reasons for government intervention in the marketplace is market failure. A classic example of a market failure is a natural monopoly such as a public utility. Most economists agree that government...more

Cozen O'Connor

What is This? The Importance of Procedure in Pennsylvania Public Utility Commission Proceedings

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In a recent case in the Pennsylvania Public Utility Commission (PUC), a party filed a petition for issuance of an interim emergency order pursuant to 52 Pa. Code § 3.6. ...more

Foley Hoag LLP - Energy & Climate Counsel

Department of Public Utilities Proposes Rethink for Distribution System Planning and Interconnection Costs

On October 22, the Massachusetts DPU issued an Order opening a new docket (DPU 20-75) that seeks comments on a proposal to shake up the way the electric distribution system is planned and paid for in Massachusetts. As I see...more

Cozen O'Connor

Pennsylvania Public Utility Commission Enters Phase 2 of the Moratorium on Utility Shut-Offs

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In March, 2020, the Pennsylvania Public Utility Commission (PUC) unanimously issued an emergency order that generally prohibited Pennsylvania electric, natural gas, water, wastewater, telecommunications, and steam utilities...more

Mayer Brown

California’s AB913 Permits Securitization for Recovery of COVID-19 Electric Utility Undercollections

Mayer Brown on

In what we understand to be the first state law to do so, California’s Assembly Bill 913 (AB913), which was enrolled on September 4, 2020, amends Section 850 of the Public Utilities Code to allow electrical corporations to...more

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