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President Trump Issues Executive Order Prohibiting Certain Transactions in the Bulk-Power System Supply Chain

The Order prohibits the purchase or installation of certain bulk-power system electric equipment from foreign adversaries and those subject to their jurisdiction or direction. Key Points: ..On May 1, 2020, President...more

FERC Issues Order to Mitigate the Impact of State Preferences on the PJM Capacity Market

Stakeholders in the PJM capacity market can submit comments to FERC in an expedited paper hearing regarding the form of mitigation. Key Points: ..FERC issued preliminary findings that state preferences may suppress...more

FERC Approves Landmark Rule on Electric Storage Resources

Federal Energy Regulatory Commission’s much-anticipated new rule will enhance the participation of electric storage resources in the organized wholesale electricity markets. Nearly a year and a half after issuing its...more

California Adopts Rules for Evaluating Multiple-Use Energy Storage Resources

The CPUC’s market-shaping decision provides guidance regarding the “stacking” of multiple electricity system services. A new decision from the Public Utilities Commission of the State of California (CPUC) has set the stage...more

New Federal Energy Regulatory Commission Policy Statement Potentially Expands Revenue Opportunities for Electric Storage Resources

On January 19, 2017, the Federal Energy Regulatory Commission (FERC or Commission) issued a new policy statement entitled “Utilization of Electric Storage Resources for Multiple Services When Receiving Cost-Based Rate...more

FERC Faces Unprecedented Lack of Quorum After Commissioner’s Departure

Commissioner resignation leaves agency without quorum necessary to issue major orders including approvals of natural gas pipeline permits and contested mergers. Key Points: ..Federal Energy Regulatory Commission is...more

Energy Storage Gets a Boost from Federal and Private Sector Actions

On June 16, 2016, the White House hosted a Summit on Scaling Renewable Energy and Storage with Smart Markets. As a backdrop to the Summit, the Obama Administration announced new executive actions and 33 public and private...more

President Obama Announces Increased Support for Distributed Energy Projects and Eligibility of State Green Banks to Apply for DOE...

President Obama recently announced that the Department of Energy (DOE) Loan Program Office (LPO) is expanding support for innovative “distributed energy projects” by adding $1 billion in available loan guarantees to support...more

EPA Finalizes Historic Greenhouse Gas Emission Reduction Program

Existing and new power plants face increasing complexity as EPA’s historic final rule regulating greenhouse gas emissions represents a major expansion of EPA’s regulatory authority. In a rare presidential announcement of...more

FERC Issues Order Accepting PJM Capacity Performance Proposal

FERC approves PJM’s significant capacity market changes in an effort to ensure reliability in the region. On June 9, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order (the CP...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

SDG&E 2014 Energy Storage Systems Request for Offers Among the Largest to Date

On September 5, 2014, San Diego Gas & Electric (“SDG&E”) issued a 2014 Energy Storage System (“ESS”) Request for Offers (“RFO”) soliciting at least 25 MW—and up to 800 MW—of energy storage (the “2014 ES RFO”). SDG&E’s 2014...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

CAISO Asks FERC to Approve Tariff Changes Establishing Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

On August 1, 2014, the California Independent System Operator (“CAISO”) filed proposed tariff changes at the Federal Energy Regulatory Commission (“FERC”) in FERC Docket No. ER14-2574 that would establish new flexible...more

DOE Announces New Renewable and Efficient Energy Loan Guarantee Solicitation

On July 3, 2014, the United States Department of Energy’s (DOE) Loan Programs Office issued a new “Renewable Energy and Efficient Energy” solicitation for loan guarantees. DOE issued the Renewable Energy and Efficient Energy...more

FERC Conditionally Accepts CAISO and PacifiCorp Proposals to Implement a Regional Energy Imbalance Market in Western States

On June 19, 2014, the Federal Energy Regulatory Commission (“FERC” or “Commission”) conditionally accepted revisions to the California Independent System Operator Corporation’s (“CAISO”) FERC Electric Tariff to implement the...more

CAISO Proposes Flexible Ramping Product

The California Independent System Operator (“CAISO”) has taken a significant step toward proposing a new ancillary service known as the “Flexible Ramping Product” as part of its market design. With increasing levels of...more

Federal Appeals Court Decision Could Create Risk for Demand Response Suppliers in Wholesale Markets

D.C. Circuit Court vacates FERC Order No. 745 on demand response compensation, determining that FERC does not have jurisdiction. On May 23, 2014, the U.S. Court of Appeals for the D.C. Circuit Court issued a decision...more

Procurement Opportunities Across North America Indicate That Energy Storage Technologies May Be Poised For Commercial Deployment

Across North America, investor-owned utilities (IOUs), publicly-owned utilities (POUs), and other load-serving entities are issuing unprecedented requests for proposals or offers (RFPs or RFOs) for advanced energy storage...more

CAISO Announces New Stakeholder Process to Address Reliability, Including Possible Market-Based Capacity Backstop; First Meeting...

The California Independent System Operator (CAISO) has announced that it is starting a new “Reliability Services” stakeholder process. In a January 14, 2014, Market Notice the CAISO said that the new stakeholder process...more

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