Electric energy storage: preparing for the revolution

White & Case LLP
Contact

White & Case LLP

 

Electric energy storage is on the cusp of a commercial breakthrough. Are markets and regulators ready?

Until now, there have been only a few, comparatively costly ways to temporarily store large quantities of electric energy—keeping it available for later use, when needed. Technological advances (in battery technology, in particular) are poised to make energy storage efficient and commercially viable in markets across the US. And these technologies are emerging just as environmental pressures are encouraging a focus on renewable energy—typically based on unpredictable sources such as sun or wind—which can only be reliable at every hour of every day if they are paired with effective energy storage.

Now is the time for industry participants, regulators and other stakeholders to brainstorm creatively about what the future of energy storage markets should look like.

As a result of these and other factors, energy storage is one of the few areas predicted to have massive growth potential in the current global energy markets. Yet the path ahead is not straightforward.

While the technologies are evolving rapidly, many market practices and regulatory standards have not begun adapting for the changes in structures and conventions that energy storage will require. Everyone with an interest in energy storage and renewable energy needs to start thinking now about the best ways to update our market and regulatory approaches.

If we address these issues thoughtfully in advance, we can be prepared to unlock the full potential of energy storage commensurate with technological advances bringing down costs and making storage widely commercially viable.

Energy storage provides massive growth opportunities

At least one source projects that the world's energy storage capacity will double within only a year—from 1.4 gigawatt-hours added in 2015 to 2.9 gigawatt-hours added in 2016—and  will reach 21 gigawatt-hours by 2025. The US is leading this charge, with 18.3 megawatts of energy storage deployed in only the first quarter of 2016.1

Although some energy storage technologies, like pumped hydroelectric energy storage, have existed for decades, the last five years have brought an explosion of interest in other new technologies, such as battery storage.

A June 2016 US White House report extolled the benefits of energy storage and noted the great strides taken to incentivize deployment of energy storage in the US.2 Still, as the report acknowledged, considerable obstacles must be surmounted before we can realize the full potential of energy storage.

Some of these obstacles are technical, since many storage technologies remain in a developmental state. Other obstacles are commercial, including building energy storage of sufficient scale and finding financing for nascent energy storage technologies.

But a third, major category of significant obstacles includes regulatory barriers and market structures that have been slow to accommodate the vibrant new potential of energy storage.


View full image

 


View full image

The promise of these new technologies and approaches can only be met if markets are structured in a way to allow these new technologies and approaches to provide grid management services.
Executive Office of the President of the United States. "Incorporating Renewables into the Electric Grid: Expanding Opportunities for Smart Markets and Energy Storage", (June 2016).

Regulatory and market obstacles prevent the full potential use of energy storage

Historically, the participants in US interstate wholesale electrical energy markets included electricity generators, transmitters and distributors—each of which was a separate entity with a distinct role in the energy market.

But energy storage is incredibly flexible and blurs long-standing lines between generation and transmission/distribution.

Energy storage can both inject and withdraw electricity from the grid, leading to many applications that transcend the traditional divisions of generation/transmission/distribution. In fact, the US Federal Energy Regulatory Commission (FERC) defines energy storage broadly as any "facility that can receive electric energy from the grid and store it for later injection of electricity back to the grid. This includes all types of electric storage technologies, regardless of their size and storage medium, or whether they are interconnected to the transmission system, distribution system, or behind a customer meter."3

Our current US systems for regulatory oversight and standard market practices need to be updated before we can take full advantage of the opportunities presented by energy storage.

From
1.4
    
gigawatt-hours added in 2015 to
2.9
  
gigawatt-hours added in 2016 and will reach
21
    
gigawatt-hours by 2025.

Regulatory uncertainty and lack of clarity are based on outdated assumptions

Since the early 1990s, FERC has regulated wholesale sales of electricity by generators very differently than sales of transmission services. FERC deregulated generation, allowing many entities to sell wholesale energy at market-based rates into organized markets for energy, capacity and other related physical and financial products. Transmission, on the other hand, remains largely subject to cost-of-service ratemaking and strict adherence to open-access transmission tariffs and non-discriminatory service to customers.

Energy storage can act both like a generator—by injecting electricity onto the grid—and like a transmitter or distributor—by providing applications such as frequency response and load management. FERC has recognized on many occasions that energy storage can serve many different purposes that cross the previously siloed categories of generation, transmission and distribution. Despite this recognition, an individual energy storage provider must choose between participating solely as a generator in the organized wholesale markets or only as a transmitter that receives cost-based returns through an open access transmission tariff (OATT) or transmission revenue requirement.

By assuming that every energy storage resource must choose only one method of participation in the energy markets, FERC limits the full range of potential value that energy storage could provide in the years ahead.

In addition, the US rules on how to connect energy storage to the electricity grid are often poorly defined and based on technologies that are markedly different from energy storage. In April 2016, FERC issued multiple data requests to each of the Regional Transmission Organizations and Independent System Operators (RTOs/ISOs) with initial data requests to RTOs/ISOs about barriers to storage participation. While the RTOs/ISOs reported some progress in permitting energy storage to participate in existing market constructs, commenters noted myriad examples of market rules that create systemic barriers to energy storage participation. FERC is reviewing the comments it received, but it will likely be a long time before any changes occur in the markets as a result.

OUR NEED FOR UPDATED GRID INTERCONNECTION RULES

In early 2016, the Midcontinent Independent System Operator (MISO) filed a generator interconnection agreement (GIA) for a battery storage installation at an existing generator site.[4] Indianapolis Power & Light Company (IPL), the project sponsor, objected to using a GIA to connect its storage resource to the grid, saying the storage was intended to be used like a transmission asset to provide frequency response and black start capabilities and that MISO's pro forma GIA was not drafted with the unique characteristics of energy storage in mind—but that the only way to get interconnection service in MISO's area was through a GIA. FERC accepted the GIA, but noted that the MISO pro forma GIA "was not originally intended to govern the interconnection of electric storage resources" and that FERC is "exploring issues related to the interconnection of electric storage resources."

Extra charges create disincentives for adding energy storage capacity

Utilities and consumers that add energy storage capacity could potentially keep their electric grids stable and manage imbalances—by injecting and withdrawing electricity at different times, as needed—without necessarily needing to generate more electricity.

This seems like the type of energy conservation the US now seeks to encourage. In fact, though, our current regulatory approach has the opposite effect—by imposing extra costs and charges on energy storage due to its withdrawal of electricity from the grid that are not imposed on traditional generators (such as coal or natural gas). 

When a generator with energy storage draws power from electric grid to charge its system, RTOs/ISOs often impose transmission access charges, uplift charges and other costs on load. Traditional generators do not incur these added costs. Some RTOs/ISOs like the California Independent System Operator (CAISO) have provided guidance through stakeholder processes clarifying that they will not impose these charges on energy storage resources that participate in the wholesale energy markets, but other RTOs/ISOs have not been clear.

And in some instances, FERC has upheld imposing these charges on energy storage. For example, FERC approved Consolidated Edison's distribution access charge for a PJM Interconnection (PJM) energy storage resource (even though ConEd exempts generators that use its system from these charges), because the energy storage charging activity had a different impact on ConEd's system.

Current market participation rules were not designed with energy storage in mind

The current lack of clarity in the rules makes investment and financing decisions difficult.

Most RTOs/ISOs have made efforts to allow energy storage to participate (at least to some degree) in their markets. But latent biases embedded in US market participation rules often create barriers for energy storage. 

For example, the new capacity market rules in PJM and ISO-New England (ISO-NE) provide enhanced revenue streams for capacity resources that clear, and they impose significant penalties on capacity resources that fail to dispatch during emergencies or shortage events. However, these market rules do not apply maximum duration limits for shortage events associated with penalties, and they do not limit the number of shortage events per hour that a capacity resource must respond to in order to avoid the penalty. 

This is not an issue for traditional generators, which can continue to generate electricity for long periods, if needed, and can respond to multiple discrete shortage events. But energy storage resources must be recharged after they fully discharge their stored electricity, and most storage resources (particularly battery storage) discharge completely after 4-6 hours. Energy storage resources cannot respond to shortage events that last longer than their maximum discharge duration or to multiple shortage events within a period of time that is too brief for them to recharge appropriately. Thus, exposure to these penalties is a significant deterrent to energy storage participation in the capacity markets.

In other respects, some RTOs/ISOs have shoehorned energy storage into existing products and markets without fully reviewing their current data collection limitations and requirements—which can be ill-suited to energy storage. For example, CAISO only recently began allowing market participants to submit "state of charge" as an operating parameter for their energy bids. This allows greater energy storage participation by mitigating the concern that CAISO would try to dispatch an energy storage resource beyond its stated limits due to not taking its state of charge into account. Similarly, other RTOs/ISOs have added explicit language to their tariffs regarding energy storage's ability to participate in frequency response markets as a consequence of FERC's Order No. 755, but have not added explicit language addressing energy storage's participation in other capacity, energy and ancillary service markets.

Many states limit local utilities' ability to own energy storage

In many states, one legacy of the state's deregulation of retail electric service is a state law prohibiting local wires utilities from owning any generation resources. This can discourage utilities from investing in energy storage, especially if it is unclear whether the energy storage will be viewed as a generation resource. 

This is a problem for the emerging energy storage industry, as many energy storage projects still struggle to find necessary financing. Allowing wires utilities, which often don't need bank or project financing, to invest in energy storage would benefit the entire industry by increasing energy storage participation in the electric grid and energy markets while also allowing lenders to gain more experience and comfort with energy storage and its commercial viability.

Thinking boldly about the future of energy storage

[A] market that in the United States could reach US$2.5 billion by 2020—six times as much as in 2015. … as the technology matures, we estimate the global opportunity for storage could reach 1,000 gigawatts in the next 20 years.5

With energy storage technologies on the verge of commercial viability, this is an opportune time for industry participants, regulators, investors, consumers and other stakeholders to brainstorm creatively about what the future of those markets should look like.

Here are several possible approaches to incentivize energy storage (some of which likely are more easily implemented than others).

Develop brand-new wholesale market products designed specifically for energy storage

We all could start by asking what products—ideally—would fill the current and future needs of our energy markets. Since energy storage blurs traditional lines and has multiple potential uses, visionary innovators could take full advantage of energy storage's benefits and flexibility to create completely new types of products that benefit our electric grid, protect our environment, lower energy costs, reduce consumer burdens, enable new types of technologies—and so on.

For example, CAISO has developed a Flexible Capacity product that is intended to address the challenges of operating the electric grid with the ever-growing participation of variable resources like wind and solar. This product focuses on procuring resources with fast upward and downward ramping capabilities that can counteract the sudden output changes of such variable resources. Although not limited to energy storage resources, this product is uniquely suited to energy storage's technological strengths, and CAISO has designed flexible capacity rules to accommodate energy storage participation.

Revise existing rules to eliminate latent biases 

RTOs/ISOs could revise their existing market rules and product definitions to improve the ability of energy storage to participate in energy markets or, at a minimum, be clear about how and where energy storage resources can participate in the markets.

Grow the symbiotic relationship between energy storage and renewable energy

There is a symbiotic relationship between energy storage and renewable energy.

Renewable energy is a growing presence on the electric grid, and current US policies aim to increase the amount of energy generated by renewable sources even further. 

Energy storage can help renewable energy overcome several obstacles. For example, wind and solar sources tend to start and stop suddenly (depending on the availability of the wind or sun), which can create grid management issues. Energy storage can help smooth out these starts and stops with flexible ramping up and down of its output. In addition, because wind and solar resources tend to generate peak production during off-peak load periods, they typically miss putting electricity into the grid at times with the most lucrative locational marginal pricing (LMP). Energy storage could help renewable energy generators "time shift" when they inject energy on the grid, and thus capture higher LMPs.

Until now, this symbiotic relationship has been slow to develop, in part due to uncertainty as to whether energy storage facilities can be deemed "qualified energy property" for purposes of the federal investment tax credit (ITC). However, the IRS may soon propose new regulations to clarify this issue. And recent deals demonstrate a growing interest in combining renewable energy with energy storage. In 2016, Tesla (a battery storage developer) announced US$2.6 billion plans to purchase SolarCity (a rooftop solar developer), and Total (which owns a controlling stake in the solar panel maker SunPower) agreed to acquire Saft (a French battery company) for US$1.1 billion.

IRS DETERMINATION OF QUALIFIED ENERGY PROPERTY

The IRS issued Notice 2015-70 in October 2015, seeking comments on what kinds of storage should qualify as qualified energy property for purposes of the ITC. Among other questions, the IRS asked "whether only property that actually produces electricity may be considered energy property or whether property such as storage devices and power conditioning equipment may also be considered energy property" that are entitled to tax credits. Comments were due in February 2016. It is unclear whether the IRS will issue new regulations or guidance, and it can be a multi-year process for IRS to issue new regulations. So there may be uncertainty about the federal tax treatment of energy storage resources for a while longer, as the IRS considers next steps.

Increase states' support for energy storage 

As of September 2016, only three US states—California, Oregon and Massachusetts—had laws requiring utilities to procure energy storage as part of their resource mix. These programs provide an obvious boost to energy storage by ensuring a market and providing a revenue stream for financing projects that sell energy storage services to utilities. The programs also help clarify wires utilities' role in energy storage rollout, by explicitly allowing these utilities to own energy storage resources.

While a start, each of these programs is very small—representing only 1-2% of peak load in their respective states. Expanding these programs and developing similar programs in other states could drive further energy storage growth, just as similar state programs that mandated renewable energy procurement spurred growth in wind and solar resources. California is doing just that now, proposing to increase its statewide mandate for energy storage by 500 MW, among three other proposals that are intended to boost energy storage.

STATE ENERGY STORAGE PROGRAMS

California

California was the first state to enact an energy storage mandate with AB 2514. This law requires California's three investor-owned utilities to procure a total of 1,325 MW of energy storage by 2024. These IOUs can own up to 50% of the storage resources procured under the mandate; the rest must be purchased from independent storage providers. 

Oregon

Oregon's legislature passed HB 2193 in 2015, which requires Portland Gas & Electric and PacifiCorp to bring a minimum of 5 MWh of energy storage online by January 1, 2020. Details regarding implementation of Oregon's program remain under development by the Oregon Public Utilities Commission.

Massachusetts

In July 2016, Massachusetts passed H 4568, which requires its Department of Energy Resources (DOER) to determine by the end of 2016 whether to implement a procurement target for energy storage systems by January 1, 2020. If DOER finds it appropriate to develop a procurement target, then DOER has until July 1, 2017 to adopt specific targets. The legislation also mandated that energy storage may be owned by electric distribution companies in Massachusetts.

Update FERC's rules

FERC is cautiously exploring the regulatory and market obstacles to energy storage growth. Storage developers, transmission owners and grid operators have been vocal in their support for FERC to mandate market changes to remove these obstacles. On the other hand, some trade associations representing generator interests have warned FERC against mandating many changes quickly solely to create incentives for energy storage. For example, in response to FERC's recent inquiries about energy storage, the Electric Power Supply Association warned FERC to preserve "a level playing field for all suppliers." It may be a long, slow road to change if traditional generators defend their competitive market positions and work to ensure that any new rules do not give energy storage an unfair advantage over other resources.

Grow demand response and behind-the-meter storage capacity 

Demand response—programs that allow energy consumers to voluntarily reduce or control their energy usage at specific times (for example, during peak hours when electricity costs are highest)—is another burgeoning area in the energy industry.

As smart technology has rolled out to large energy consumers, such as commercial and industrial customers, those consumers began to reduce their costs by managing their energy use closely to avoid peak prices. Then, after FERC issued Order No. 745 in 2011 (setting certain standards for demand response practices and pricing), large energy consumers began seizing new opportunities to turn their demand response programs into new revenue streams by selling their reduced energy use to RTOs/ISOs.

While markets still have a long way to go to fulfill the potential of demand response programs as a supply resource, there is considerable policy support for doing so. Energy storage can provide a behind-the-meter source for electricity, allowing consumers to manage their withdrawals from the electric grid in accordance with their positions in the market. Tesla and others are developing storage products with just this application in mind. In the long run, energy storage may be instrumental in unlocking the ability of residential consumers to eventually sell their demand response ("the amount of energy I did not draw from the electric grid because I used stored energy") in energy markets.

Energy markets in the US may be a largely untapped resource for energy storage thus far. But these and other innovations could increase the outlook for energy storage—and help continue to improve the global energy markets.

1 GTM Research, "U.S. Energy Storage Monitor: Q2 2016 Executive Summary" (June 2016).
2 Executive Office of the President of the United States, "Incorporating Renewables into the Electric Grid: Expanding Opportunities for Smart Markets and Energy Storage" (June 2016).
3 Electric Storage Participation in Regions with Organized Wholesale Electric Markets, Docket No. AD16-20-000, Data Request issued Apr. 11, 2016.
4 Midcontinent Independent System Operator, Inc., 155 FERC 61,211 (2016).
5 McKinsey & Company, "The New Economics of Energy Storage" (August 2016)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© White & Case LLP | Attorney Advertising

Written by:

White & Case LLP
Contact
more
less

White & Case LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.