In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more
Building off its White Paper issued last summer, the Federal Energy Regulatory Commission (FERC or the “Commission”) has proposed changes to its regulations that would encourage more robust investment in cybersecurity...more
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
On June 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Cybersecurity Incentives Policy White Paper (the “White Paper”). The White Paper, issued in Docket No. AD20-19-000, discusses a...more
The Senate is considering bipartisan legislation to boost the defenses of the nation’s power grid against cybersecurity threats. The bill—the Protecting Resources on the Electric Grid with Cybersecurity Technology Act, or...more
10/2/2019
/ Cyber Attacks ,
Cybersecurity ,
Electric Generation Suppliers ,
Energy Sector ,
FERC ,
Incentives ,
Investors ,
Popular ,
Power Grid ,
Proposed Legislation ,
Utilities Sector
In 2005, Congress sought to encourage investment in the nation’s power grid by requiring the Federal Energy Recovery Commission (FERC) to establish “incentive-based” rate treatments for electric transmission facilities. Order...more
1/22/2019
/ Abandonment ,
Cost Recovery ,
Electricity ,
Energy Projects ,
Energy Sector ,
FERC ,
Incentives ,
Investors ,
Power Grid ,
Power Infrastructure ,
Utilities Sector
In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more
9/21/2018
/ Appeals ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Energy Sector ,
Federal Power Act ,
FERC ,
Nuclear Power ,
Preemption ,
Renewable Energy ,
States Rights ,
Utilities Sector ,
Wholesale ,
Zero Emission Credits
Nearly a year after summoning stakeholders to discuss whether—and if so, how—the wholesale power markets should accommodate state policy goals, the Federal Energy Regulatory Commission (FERC or the “Commission”) has taken a...more
In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...more
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
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
On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more
On Friday, July 11, the Supreme Court of Iowa issued a decision holding that a solar energy company entering into a third-party power purchase agreement (PPA) with an Iowa municipality would not be considered a public utility...more
The Senate Energy and Natural Resources Committee held a hearing on Tuesday on the nominations of Norman Bay and Cheryl LaFleur to the Federal Energy Regulatory Commission (the “Commission” or “FERC”). Mr. Bay, who currently...more