News & Analysis as of

Public Utility

Hurricanes, PREPA, and Puerto Rico electric grid

by PretiFlaherty on

Hurricane Maria has hit Puerto Rico, damaging the island's electric grid and causing systemic power outages. The storm made landfall on September 20 as a Category 4 hurricane with winds at 155 miles per hour. ...more

Updates to Energy Related Bills in the 2017-2018

by Stoel Rives LLP on

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving...more

IRS Provides Safe Harbor for Inadvertent Normalization Violations

On September 7, 2017, the IRS issued Revenue Procedure 2017-47, which provides a safe harbor for regulated public utilities for inadvertent or unintentional uses of a practice or procedure that is inconsistent with the...more

Illinois Announces Winning Bids for New Wind and Solar Project REC Contracts

by Bryan Cave on

Pursuant to Section 16-111.5 (e) of the Illinois Public Utilities Act, the Illinois Commerce Commission (“ICC”) convened a special meeting on September 7, 2017, to vote on whether to approve the recommendations of the...more

What is FPA Section 203(a)(1)(B)? American Transmission Company Reminded Us.

by Stoel Rives LLP on

The US Treasury will soon be $205,000 richer due to the payment of a civil penalty by American Transmission Company (ATC) related to violations of sections 203 and 205 of the Federal Power Act. ATC’s compliance failure stems...more

In 2017 Legislative Sessions, New England States Continue to Lead in Clean Energy and Climate Change Measures

by Holland & Knight LLP on

In their 2017 legislative sessions, New England states continued to show support for clean energy projects and policies, as well as efforts to reduce greenhouse gases, and continue to look to each other in determining what...more

Legislature Authorizes, But Limits, Water and Sewer Impact Fees

by Smith Anderson on

Controversy and litigation have erupted in North Carolina in recent years with regard to water and sewer impact fees levied by cities and counties on new real estate development. The fees are authorized in "local bill" State...more

SC utilities to suspend nuclear construction

by PretiFlaherty on

Two South Carolina utilities have announced their decisions to cease work on two new nuclear units under construction at the V.C. Summer Nuclear Station in Jenkinsville, South Carolina. The project to develop Units 2 and 3...more

A Look at Connecticut’s 2017 Comprehensive Energy Strategy

by Locke Lord LLP on

On July 26, 2017, the Connecticut Department of Energy and Environmental Protection (DEEP) released its draft 2017 Comprehensive Energy Strategy (CES or Strategy). DEEP is required to prepare this policy assessment pursuant...more

FERC Underestimates its Authority: Recoupment vs. Refund of Unjust & Unreasonable Rates

by Moore & Van Allen PLLC on

The Federal Energy Regulatory Commission (FERC) has the authority to order a public utility to refund to its customers rates that FERC determines to be unjust and unreasonable. But what if FERC later determines that the...more

Little Action During Presidential "Infrastructure Week"

by Clark Hill PLC on

President Trump declared an “Infrastructure Week” but did not accompany it with specific actions to increase infrastructure expenditures. President Trump campaigned on promises to increase infrastructure spending. If this...more

Indonesia's Infrastructure Financing Deficit—ABS to the Rescue?

by Jones Day on

Indonesia's considerable infrastructure financing deficit is a hot topic in the project finance market. A likely outcome of this infrastructure gap is the growth of alternative financing instruments, such as asset-backed...more

Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of...

On April 25, 2017, the National Wildlife Federation, Alliance for the Great Lakes, Lake Erie Charter Boat Association, Lake Erie Foundation, Michigan United Conservation Clubs, and Ohio Environmental Council (NGOs) filed a...more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

Energy Insider Interview Series: Questions for NARUC President/PA PUC Commissioner Robert F. Powelson

1. You were elected as President of the National Association of Regulatory Utility Commissioners (NARUC) back in November. What have you established as goals for your term as President and what will NARUC be focusing on in...more

Proposed Bill Would Require State Public Utility Regulatory Authorities to Consider the Cost of Distributed Generation

On March 13, Sen. Jeff Flake (R-AZ) introduced the Ratepayer Fairness Act (RFA). The RFA would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) to require that state public utility regulatory authorities and...more

Indonesian feed-in tariffs – New rules may under-power the renewables sector

by DLA Piper on

Indonesia's new feed-in tariffs (FITs) for renewable energy present a conundrum. Will renewables flourish or fade in the new revenue environment? Investors will not welcome the lower tariffs under the new regime, but state...more

California Energy Related Bills Introduced in the 2017-2018 Legislative Session

by Stoel Rives LLP on

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout...more

Teton County power outage in focus

by PretiFlaherty on

What happens when a storm damages utility transmission towers? Some consumers in the Teton Village area near Jackson, Wyoming, are facing multi-day power outages as local utility Lower Valley Energy scrambles to restore power...more

"Trump Infrastructure Plan May Open Opportunities for Projects"

After nearly two decades of widening concern over the declining state of U.S. infrastructure, it was not surprising that infrastructure became a central theme in the 2016 election cycle. Improving our nation’s transportation,...more

House Passes Fair RATES Act to Provide for Rehearing and Judicial Review of FERC Inaction on Rate Filings and to Reverse Public...

On January 23, 2017, the House of Representatives passed H.R. 587, the Fair Ratepayer Accountability, Transparency, and Efficiency Standards Act (“Fair RATES Act”), which would amend Section 205 of the Federal Power Act (FPA)...more

Eversource Proposes Rate Increases and $400 Million in Grid Modernization Investments

by Foley Hoag LLP on

On January 17, 2017, Eversource Energy filed a petition with the Massachusetts Department of Public Utilities (DPU) that would increase base distribution rates for its 1.4 million electricity customers across the...more

Summary of FERC Meeting Agenda for January 19, 2017

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

by Foley & Lardner LLP on

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

Quality Built Homes Revisited: The Court of Appeals Weighs In On Critical Issues

by Poyner Spruill LLP on

If you happen to work in local government, are a developer who has worked with a local government, or simply have an interest in the world of municipal water and sewer services, you are no doubt aware of the North Carolina...more

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