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FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

NY Issues Offshore Wind Master Plan, 2,400 MW to be Procured

After more than a year of extensive research and study of technical and public policy options, New York State issued its comprehensive offshore wind master plan that identifies intentions to develop 2,400 megawatts (MW)...more

CT Creates New Brownfields Program, Adopts Brownfields Tax Credit

Buried in an 881-page budget bill passed Thursday by the Connecticut General Assembly was a new program to support remediation and reuse of brownfields – properties long contaminated and underutilized – as well as new job...more

DOE’s Grid Resiliency Pricing Rule Offers Hope for Nearly Extinct Coal, Nuclear Plants

The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more

FERC Proposes Market Changes for Electricity Storage, Distributed Energy Resources

The Federal Energy Regulatory Commission (FERC) issued on Nov. 17, 2016, a notice of proposed rulemaking (NOPR) aimed at more effectively integrating electric storage resources into organized wholesale markets to encourage...more

Federal Electricity Policy Under the Trump Administration

The huge unknown about President-Elect Donald Trump's energy plans is in electric power. Whatever he decides, with a unified Republican Congress behind him, he has the ability to shape federal electric policy in the coming...more

BLM Issues Final Rule Streamlining Renewables on Public Lands

On Nov. 10, 2016, the Bureau of Land Management (BLM) issued its final rule (Rule) governing solar and wind energy development on public lands. The Rule creates a new leasing program that uses competitive leasing processes...more

Supreme Court Confirms State Limits on Wholesale Power Generation - Federalism vs. States' Rights Again at Issue in Court's Third...

The U.S. Supreme Court on April 19, 2016, issued its decision in the third and final energy case this term. In Hughes v. Talen Energy Marketing, et al., the Court clarified the Federal Energy Regulatory Commission's (FERC)...more

Supreme Court: FERC Can Regulate Programs Directly Impacting the Wholesale Power Market

In FERC v. Electric Power Supply Association et al., the U.S. Supreme Court held in a 6-2 decision that the Federal Energy Regulatory Commission (FERC) has the authority, pursuant to the Federal Power Act (FPA), to regulate...more

Legal Duties To Avert, Mitigate, And Recover From Cyber Attacks On The Grid

Introduction. In this brief essay, we have two objectives: first, to provide a glimpse at the complexities that will be faced by electric power utilities, wholesale power generators, power grid operators and their customers...more

Searching For Swap Regulation Relief Under Dodd-Frank

As a general matter, commodity swaps and options on commodities, whether or not physically settled, are subject to regulation under the Dodd-Frank Wall Street Reform and Consumer Protection Act. This is because the...more

Understanding Renewable Energy: Solar

This article provides an introduction to solar energy, including the different types of solar projects, the benefits and limits of solar energy and the federal and state programs that promote this technology. This article...more

Dodd-Frank Rules Clarify Relief from Swap Regulation for Certain Energy, Emission and Other Commodity Swaps

As a general matter, commodity swaps and options on commodities, whether or not physically settled, are subject to regulation under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). This is because...more

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