When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”

by Stoel Rives - Renewable + Law
Contact

Or so Secretary Rick Perry and the DOE would have us believe.  Approximately three weeks ago, the DOE made its pitch to FERC and the energy industry that a lack of “resiliency” threatens the U.S. power grid.  The responses are in.  And the shock and bewilderment that immediately followed the release of the Secretary’s surprising proposal has, in some cases, turned into a Comedy Central Roast of Secretary Perry and this fanciful thing called grid “resiliency.”  In just a matter of weeks, over 500 companies, individuals, industry groups, trade associations, and RTOs/ISOs have filed comments. And aside from the unsurprising positive responses from companies that would see financial benefits from the proposal, the response has been overwhelmingly negative.

Besides the usual suspects that one would expect to come out against a proposal to subsidize nuclear and coal facilities, the ISO/RTO Council argued against the proposal, stating bluntly that DOE’s proposal “would degrade the efficiency and effectiveness of existing organized wholesale markets, would provide improper incentives and disincentives to current and future market participants, would not promote the goals stated in the NOPR (i.e., enhancement of electric reliability and resilience), and would reverse the progress the Commission and the nation’s [RTOs] and [ISOs] have made in developing robust and reliable competitive markets.”  The National Association of Regulatory Utility Commissioners argued that the proposal could usurp state jurisdiction over generation and seeks to push through a significant change in policy without sufficient study. A group of former FERC Commissioners even joined together to question the proposal.  And one individual shed formalities and offered that Secretary Perry had been correct when he once suggested that the DOE should be abolished—ouch.

Even among coal and nuclear interests, there was not uniform agreement on DOE’s grid policy. For example, Exelon (which is already set to receive subsidies from New York and Illinois for its nuclear facilities) attacked the PJM tariff and advocated for changes to RTO/ISO price formation, but did not actually recommend that the DOE’s proposal be adopted. In contrast, FirstEnergy (which has faced rejection from Ohio regarding nuclear subsidies) argued for the DOE proposal to be adopted largely as written.

While FERC followed DOE’s timeline for receiving comments on the proposal, it remains to be seen if FERC will issue a final order on DOE’s timeframe and what would be included in any such final order. Commissioner Powelson (who was previously Chairman of the Pennsylvania Public Utility Commission) has already said that FERC “will not destroy the marketplace” in ruling on DOE’s proposal—a statement that was endorsed by Commissioner LaFleur. Acting Chairman Chatterjee (who was previously an aide to Senator McConnell of Kentucky) has similarly stated that FERC will not “blow up the market.”

Reply comments are due on November 7, so stay tuned.

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.

© Stoel Rives - Renewable + Law | Attorney Advertising

Written by:

Stoel Rives - Renewable + Law
Contact
more
less

Stoel Rives - Renewable + Law 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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. 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. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the 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 shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this 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 the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

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

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.