News & Analysis as of

Utilities Sector

Report links US nuclear industry to national security

by PretiFlaherty on

The U.S. nuclear energy enterprise is a key national security enabler, according to a report released this week by a new non-profit. The Energy Futures Initiative's report describes the domestic nuclear energy industry as...more

Transmission Developers in Missouri Will Have to Get County Assents Before the PSC Can Grant Approval

by Stinson Leonard Street on

Wednesday, August 16, the Missouri Public Service Commission (PSC) denied Grain Belt Express Clean Line's (GBX) application for a certificate of convenience and necessity (CCN) for a 4,000 MW high-voltage direct current...more

AMC's Zealand Falls Hydroelectric Project

by PretiFlaherty on

Miles from the nearest road in the woods of the White Mountain National Forest in New Hampshire sits a backcountry hydropower project. Owned by the Appalachian Mountain Club, the Zealand Falls Hydroelectric Project No. 14657...more

Illinois Commerce Commission Names NextGrid Lead Facilitator

by Clark Hill PLC on

On August 1, 2017, the Illinois Commerce Commission ("ICC") announced that the lead facilitator for the NextGrid Utility of the Future Study will be a group of professors from the University of Illinois. The facilitators are...more

California Environmental Law and Policy Update - August 2017

by Allen Matkins on

Environmental and Policy Focus - Reversing course, EPA will not delay an Obama ozone rule - Washington Post - Aug 3 - The U.S. Environmental Protection Agency (EPA) has reversed its effort to delay Obama...more

New York Federal District Court Decision Supports State’s Role in Furthering Clean Energy

by Holland & Knight LLP on

For the third time in the past month, a federal court has upheld a state program to pursue support for clean energy, including renewable energy certificates (RECs), and zero emission credits (ZECs) in New York and Illinois....more

Issues for investors' considerations affecting solar and thermal power projects in Nigeria

by Dentons on

The Nigerian Electricity Supply Industry (NESI) is currently experiencing critical financial and operational hurdles which significantly affect ongoing and prospective renewable and non-renewable power projects. This paper...more

California grid prepares for solar eclipse

by PretiFlaherty on

As a total solar eclipse approaches for North America, California electricity regulators have launched a voluntary demand response program designed to reduce power consumption during the eclipse while solar panel output is...more

MN PUC Establishes New Environmental Costs for Use in All Proceedings

by Stoel Rives LLP on

Today, the MN PUC concluded a nearly four-year effort on updating environmental costs established under section 216B.2422 subd. 3 of the Minnesota Statutes. Before getting to the decision, a bit of context....more

Illinois District Court Rejects Federal Preemption Challenges to State Zero-Emissions Credit Program

by K&L Gates LLP on

On July 14, 2017, the U.S. District Court for the Northern District of Illinois issued an opinion dismissing challenges to the state of Illinois’ zero-emissions credit (“ZEC”) program. Illinois’ ZECs are tradable credits...more

Texas Utility Company Sends in the Drones to Inspect 5-Miles of Power Lines

More and more utility companies are finding drones (or more formally, unmanned aerial vehicles (UAV)) useful, and cost effective, to inspect power lines in lieu of sending up their employees to carry out the dangerous task....more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

MPUC to Disburse up to $2.5 Million from RGGI Trust Fund: Applications Due August 10

by Pierce Atwood LLP on

The Maine Public Utilities Commission (MPUC) is seeking applications from eligible Maine energy intensive manufacturing businesses for disbursements from Maine’s Regional Greenhouse Gas Initiative (RGGI) Trust Fund to off-set...more

Renewable Energy Update - July 2017 #2

by Allen Matkins on

Renewable Energy Focus - DOE’s SunShot awards $46M for solar tech-to-market research - Greentech Media - Jul 13 - The Department of Energy may be facing potentially massive budget cuts and interference in how it...more

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

by Stoel Rives LLP on

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Surcharge on Utility Users Imposed Under a Franchise Agreement is Not a Tax - California Supreme Court Holds Surcharge for...

by Best Best & Krieger LLP on

In an opinion anxiously awaited by many cities, the California Supreme Court held that a 1 percent surcharge on electric utility bills paid by Southern California Edison to the City of Santa Barbara, which were used for...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa - Eskom’s chairman backs controversial chief financial officer - On the same day that a leading advocate published a scathing report adding to the mountain of evidence...more

Stadnick v. Vivint Solar: The Second Circuit Rejects Shaw's "Extreme Departure Test"

Last week in Stadnick v. Vivint Solar, the Second Circuit provided important guidance for determining when an omission in a registration statement is material for purposes of a Section 11 claim. The decision holds that the...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

Trust – the Secret Sauce in Corporate Success?

by NAVEX Global on

A recently released ranking of industries by Trust Across America shows that one of the most competitive and financially stressed industries – consumer staples – nevertheless scored highest on a collection of measures that...more

Montana to study customer-generator costs, benefits

by PretiFlaherty on

Montana utility regulators are preparing to study the costs and benefits of distributed solar energy projects and other customer-generators. The results could reshape the way net-metered customers are charged for electric...more

Municipalities Are Now Included In PURA Small Cell Cases Before Public Utilities Regulatory Authority

by Murtha Cullina on

In its final decision in Docket No. 17-02-49 adopted on June 2, 2017, the Public Utilities Regulatory Authority ("PURA") incorporated nearly all of the recommendations made by the Connecticut Conference of Municipalities for...more

Malware Capable of Shutting Down Electric Grids Confirmed

by Hogan Lovells on

Malware was recently identified that appears to have been designed and deployed by a nation-state to target and shut down electric grids. According to published reports, this malware currently appears to be capable of...more

German Utilities Score Billions on Constitutional Challenge to German Nuclear Fuel Tax

by Latham & Watkins LLP on

On 7 June 2017, the Federal Constitutional Court of Germany (FCC) published a recent decision that declared the German Nuclear Fuel Tax Act (Kernbrennstoffsteuergesetz – KernbrStG) void due to the lack of legislative...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa - Moody’s downgrades Eskom - Moody’s lowered Eskom’s credit rating to the second rung of junk status on Tuesday night....more

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Cybersecurity

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