Utilities Sector

News & Analysis as of

Illinois Supreme Court Debates Scope of Whistleblower Statute

During the September term, the Illinois Supreme Court debated an important question about the scope of the state Whistleblower Act: does a plaintiff state a claim under the statute by alleging that the defendant falsified...more

Summary of FERC Meeting Agenda - November 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Excerpt from Hydro Items: H-1: Hydraco Power, Inc. and Warren David Long (Docket No. P-12588-010) - On...more

Cyber Risks Facing Businesses Today  [Video]

Wylie Donald, a partner in the Insurance Coverage group at McCarter & English, counsels and litigates on insurance coverage and environmental matters. In this video, Wylie discusses the need to be proactive when it comes to...more

SCE Selects Suppliers for 261 MW in Energy Storage

Southern California Edison (SCE) announced the suppliers and projects it has selected for the largest grid-connected energy storage purchase in U.S. history. This energy storage procurement is more than five times greater...more

FERC Revokes MBR Authorization of 26 Suppliers for Delinquent EQRs

On October 30, 2014, the Federal Energy Commission issued an order revoking the market-based rate (“MBR”) authorization of twenty-six (26) retail suppliers for failure to timely file Electric Quarterly Reports (“EQRs”)....more

BPT Not Prohibited on Freight Brokerage Services

A divided panel of the Commonwealth Court held that a city was not prohibited from imposing its Business Privilege Tax on the gross receipts of a freight broker. S & H Transport, Inc. v. City of York, No. 165 C. D. 2014 (Pa....more

Distributed generation is growing

Customer-sited generation is growing in the U.S. A look at some of the distributed generation projects that came online in September 2014 shows that universities and institutions are developing projects powered by natural...more

Value of distributed solar energy

What is the value of distributed solar photovoltaic electric generation? An investigation by the Maine Public Utilities Commission into this question is ongoing, and will culminate in a report to the state legislature this...more

North America's largest battery energy storage online

A California public utility has brought the largest battery energy storage in North America online. Funded partially by federal stimulus funds, Southern California Edison's Tehachapi Wind Energy Storage Project is designed...more

Southern California Edison Seeking Small Scale Solar PPAs

Southern California Edison (SCE) has announced a Request for Offers (RFO) seeking proposals for 63 MW of solar generation, with proposed projects being between 500 kW and 10 MW each. While SCE has made known its preference...more

NAESB Response to FERC NOPR re: Coordinating Schedules of Natural Gas and Electricity Markets Subject to Public Comment until...

Coordinating the scheduling of the natural gas and electricity markets has been a priority for the Federal Energy Regulatory Commission (“FERC”), given the increasing dependence of the electric industry on natural gas as a...more

FERC settles 3rd Southwest blackout case

A California public utility has settled claims by federal electricity regulators related to the September 8, 2011, blackout in the southwestern United States. Following an investigation by the Federal Energy Regulatory...more

FERC Accepts Almost All of the CAISO's Proposed Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

On October 16, 2014, the Federal Energy Regulatory Commission (“FERC”) issued an Order on Tariff Revisions, FERC Docket No. ER14-2574, conditionally accepting, with two substantive modifications, tariff changes proposed by...more

Energy & Environment Update - October 2014 #3

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce - Department of Energy - Environmental Protection...more

Polar vortex caused energy price spikes, says FERC staff

Why did energy prices rise during last winter's extremely cold "polar vortex" weather? A recent report by federal regulators suggests that inadequate infrastructure is largely to blame, while finding no evidence of...more

FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more

Class Action Disgorgement Case Dismissed Against PG&E as Remedy Sought Would Interfere with Filed Rates

Companies in regulated markets, such as insurance and energy, are increasing litigating issues surrounding the “filed rate doctrine,” or in other words, whether they can be sued in a class action where the remedy sought...more

Why Including The Year Of Enactment Can Be Important

Several provisions of the California Corporate Securities Law of 1968 need to be brought up to date. Section 25100(i) is one of them. That section exempts from the qualification requirements of Sections 25110, 25120 and...more

Texas Supreme Court Orders 10/14 (Six Petitions Granted)

Because there are no opinions and no grants in the Supreme Court's order list this morning, this is a good opportunity for me to do the promised post on the petitions granted in the October 3, 2014 order list. ...more

Electricity Market Reform update: Contracts for Difference allocation procedure

In the past year a series of government publications and consultations have given greater clarity to the government’s thinking as to how the new Contracts for Difference (CfD) regime will work. Guidance has also been issued...more

Call Before You Dig: North Carolina's New "Underground Utility Safety and Damage Prevention Act" Takes Effect October 1, 2014

This past session, the North Carolina General Assembly replaced the existing Underground Damage Prevention Act with the Underground Utility Safety and Damage Prevention Act, which took effect on October 1, 2014....more

CFTC Finalizes Rule to Exclude Swaps with Municipal Utilities From $25 Million De Minimis Swap Dealer Threshold

The CFTC has published its final rule to exclude most swaps used for hedging purposes by municipal and other governmental utilities from counting against the $25 million swap dealer de minimis threshold that currently applies...more

Cities May Provide Recycled Water Service Within the Service Area of Private Water Companies

Assembly Bill 2443, signed Monday by Gov. Jerry Brown, amends California’s Water Service Duplication Statute to allow for political subdivisions, such as municipalities or county water districts, to provide recycled water...more

Feds approve Quebec-to-NY power line

A proposed electric transmission line connecting Quebec to New York will receive a key federal approval, according to the U.S. Department of Energy. The Energy Department's decision to issue a Presidential permit to...more

California Reauthorizes Self-Generation Incentive Program (SGIP) through 2020 and Begins to Implement Program Changes

On September 23, 2014, California Public Utilities Commission (CPUC or Commission) President Michael Peevey issued a Ruling which sets forth a process to implement changes to the Self-Generation Incentive Program (SGIP)...more

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