News & Analysis as of

Capacity Market Federal Power Act

Morgan Lewis - Power & Pipes

PJM’s ‘Focused’ Minimum Offer Price Rule Takes Effect by Operation of Law

In a notice issued on September 29, 2021, FERC stated that it did not act on PJM Interconnection LLC’s (PJM’s) proposed reforms to the application of the Minimum Offer Price Rule (MOPR) because the Commissioners are divided...more

Bracewell LLP

Things Looking Up for Renewable Resources at Federal Energy Regulatory Commission

Bracewell LLP on

At the Federal Energy Regulatory Commission (“FERC” or “Commission”), President Joseph Biden selected Richard Glick, one of two Democratic commissioners on the five person commission, as Chairman. The Chair sets FERC’s...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rejects Electric Generators’ Request to Adopt Centralized Capacity Market in California

In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Carbon Pricing Update: Assessing NYISO’s Carbon Pricing Straw Proposal

The New York Independent System Operator (NYISO) recently released a Carbon Pricing Straw Proposal (Proposal) to advance the State’s energy and environmental goals by reflecting the cost of carbon emissions in wholesale...more

Stinson LLP

DC Circuit Vacates FERC Order on PJM's Capacity Market

Stinson LLP on

Decision limits FERC's ability to modify rate proposals - In an opinion issued on July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held that Section 205 of the Federal Power Act "does not allow...more

Akin Gump Strauss Hauer & Feld LLP

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more

Moore & Van Allen PLLC

Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

Moore & Van Allen PLLC on

In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Invalidates Maryland Program that Supplements FERC-Approved Capacity Payments

In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the...more

Latham & Watkins LLP

FERC Issues Order Accepting PJM Capacity Performance Proposal

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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

Latham & Watkins LLP

PJM Proposes Capacity Performance Rules That Will Present New Opportunities and Risks for Clean Energy Resources

Latham & Watkins LLP on

In response to poor performance by many generation resources in the PJM region during the 2104 “Polar Vortex” and concerns over the increasing reliance on natural gas-fired generation resources in the PJM region, PJM filed...more

Akin Gump Strauss Hauer & Feld LLP

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

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