News & Analysis as of

RTO Utilities Sector

Holland & Knight LLP

In Blow to Renewables, Ninth Circuit Mostly Upholds FERC's PURPA Reforms

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The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal...more

Troutman Pepper

FERC Approves Regional Resource Adequacy Program in the Western Interconnection

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On February 10, 2023, FERC approved the Western Resource Adequacy Program (“WRAP”) proposed by the Western Power Pool (“WPP”). The voluntary program commits participants to demonstrate prior to a given Winter or Summer season...more

Troutman Pepper

Virginia Energy Regulation Update - Battery + Storage Podcast (Episode 7)

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Troutman Pepper energy partner Bill Derasmo talks with battery and storage experts from across the industry. The podcast shares the unique perspectives of industry veterans and thought leaders, exploring how they are...more

Holland & Knight LLP

Full Speed Ahead: FERC Reaffirms Distributed Resource Entry into Regional Energy Markets

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On March 18, 2021, in Order 2222-A, the Federal Energy Regulatory Commission (FERC) largely reaffirmed its seminal Order 2222, which dramatically relaxed barriers to aggregated distributed energy resource (DER) participation...more

Sheppard Mullin Richter & Hampton LLP

NYISO Battery Storage Rules

Six regulatory and transactional items to be aware of in light of New York Independent System Operator’s (“NYISO”) new battery storage markets rules - 1. In 2018, the Federal Energy Regulatory Commission (“FERC”) issued...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Backs FERC on Electric Storage Rule

The U.S. Court of Appeals for the D.C. Circuit recently upheld the Federal Energy Regulatory Commission’s (FERC or “Commission”) Order No. 841, a 2018 rulemaking addressing electric storage resources. The purpose of Order no...more

King & Spalding

Significant Changes to FERC’s Rules for Market-Based Rate Sellers

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On July 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued two orders modifying its rules for sellers to obtain or retain authorization to make sales at market-based rates. First, Order No. 861 modifies the...more

Pierce Atwood LLP

Call To Action For Energy Storage Companies

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WHO: Energy Storage technologies awaiting regulatory authority to operate in the wholesale energy, capacity, and ancillary services markets....more

Akin Gump Strauss Hauer & Feld LLP

FERC Amends Regulations to Remedy Barriers to Energy Storage Participation in Wholesale Electricity Markets; Saves Distributed...

At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more

Orrick, Herrington & Sutcliffe LLP

FERC Proposes Broad Changes to Its Pro Forma Interconnection Procedures and Interconnection Agreement

In its final meeting of 2016, FERC issued a notice of proposed rulemaking in which it proposes changes to its standard interconnection rules and agreement for generators with a capacity of more than 20 megawatts. The proposed...more

Akin Gump Strauss Hauer & Feld LLP

FERC Takes Its Next Step on “Price Formation” in Organized Markets

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to revise its regulations to require that each Regional Transmission Organization or Independent...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes Wide-Ranging New Regulations to Remedy Barriers to Wholesale Market Participation by Energy Storage and Distributed...

At its November 17, 2016 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) proposed to amend its regulations to address and remove barriers to the participation of electric storage resources and...more

Akin Gump Strauss Hauer & Feld LLP

FERC Adopts New Regulations Allowing Higher-Priced Energy Offers in Organized Electricity Markets

At its November Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule (Order No. 831) directing the Regional Transmission Organizations and Independent System Operators...more

Akin Gump Strauss Hauer & Feld LLP

Pricing Carbon in Wholesale Electricity Markets: RTOs/ISOs Looking at a Carbon Price to Integrate Regional Public Policy Goals

Several eastern regional transmission organizations and independent system operators (RTO/ISO) are talking seriously about pricing carbon in their markets. NEPOOL, the participant voting organization on wholesale market...more

Akin Gump Strauss Hauer & Feld LLP

PJM Alternative to Expanding MOPR Leaves Questions Unanswered

On August 18, 2016, PJM Interconnection, L.L.C. (“PJM”) presented aproposal to its stakeholders outlining a possible mechanism for mitigating the potential impact on capacity prices in the PJM market of generation units...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Akin Gump Strauss Hauer & Feld LLP

FERC Revises Market Surveillance Data Collection Proposal and MBR Filing Proposal

On July 21, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to (1) collect a wide range of “connected entity” data for market surveillance and...more

Akin Gump Strauss Hauer & Feld LLP

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more

Akin Gump Strauss Hauer & Feld LLP

FERC Orders ISOs/RTOs to Report on Additional Price Formation Issues

On November 20, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order directing each regional transmission organization (“RTO”) and independent system operator (“ISO”) to submit a report addressing five...more

Akin Gump Strauss Hauer & Feld LLP

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

Orrick, Herrington & Sutcliffe LLP

FERC Proposes to Streamline Market-Based Rate Program

On June 19, 2014, the Federal Energy Regulatory Commission ("FERC") issued a notice of proposed rulemaking ("NOPR") proposing to revise its policies for applications to sell energy, capacity, and ancillary services at...more

Moore & Van Allen PLLC

First FERC Workshop on Price Formation in RTO/ISO Markets Will Address Uplift Payments

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Several weeks ago, the Federal Energy Regulatory Commission (“FERC”) announced that in order to facilitate its evaluation of price formation in energy and ancillary services markets operated by Regional Transmission...more

McDermott Will & Emery

Divided Court of Appeals Panel Vacates FERC Order 745 on Compensation of Demand Response

McDermott Will & Emery on

FERC’s Order No. 745 requiring independent regional grid operators (RTOs and ISOs) in limited circumstances to compensate providers of state-authorized demand response services in the same amounts that they compensate...more

King & Spalding

FERC Issues NOPR Regarding Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities

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At the March open meeting, FERC issued a notice of proposed rulemaking (NOPR) in which it proposed changes to the Gas Day and pipeline nominations schedule (Docket No. RM14-2-000, 146 FERC ¶ 61,201). The NOPR is part of the...more

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