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Foley Hoag LLP

FERC May 2024 Open Meeting Preview

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It’s a busy time for the Federal Energy Regulatory Commission (the “Commission” or “FERC”). In March 2024, FERC issued Order No. 2023-A upholding its major generator interconnection reform order, Order No. 2023. FERC followed...more

Verrill

Maine PUC Asked to Fix “Leapfrogging” Problem Triggered by 2022 Changes to Maine’s Generator Interconnection Rule

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The Maine Public Utilities Commission is currently considering whether to commence a formal emergency rulemaking process to amend Chapter 324 of its rules governing generator interconnections. The purpose of the rulemaking...more

Mayer Brown

New Jersey Delays Its Next Offshore Wind Solicitation for Transmission Planning

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The New Jersey Board of Public Utilities (NJBPU) announced that its third solicitation with a capacity target of 1,200 megawatts for New Jersey’s offshore wind (OSW) development will now be released by January 2023, instead...more

Morgan Lewis - Power & Pipes

FERC Allows Cooperatives to Share QF Purchase Obligation

FERC granted a partial waiver requested by a generation and transmission service cooperative (Petitioner) of certain obligations under FERC’s regulations implementing Section 210 of the Public Utility Regulatory Act of 1978...more

Morgan Lewis - Power & Pipes

FERC Issues Order Clarifying Affiliate Relations for Institutional Investors Under FPA Section 205

On March 18, FERC issued a highly anticipated order denying the petition for declaratory order filed by several electric public utilities addressing the extent to which equity ownership of multiple utility holding companies...more

Akin Gump Strauss Hauer & Feld LLP

Divided FERC Revamps PURPA Regulations: What the Final Rule Does and Why It Matters

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more

Orrick, Herrington & Sutcliffe LLP

FERC Revisions to PURPA Rules Create Uncertainty For “Qualifying” Renewable and Cogeneration Projects

On July 16, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a final rule that largely adopts FERC’s proposed revisions to its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”)....more

Foley & Lardner LLP

New Regulations Expand CFIUS’s National Security Authorities to U.S. Energy Sector Investments

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Changes May Impact Foreign Acquisition of Critical Infrastructure and Real Estate Necessary for Solar, Wind, and Other Energy Projects - On February 13, 2020, the U.S. Treasury implemented updated regulations that could...more

Womble Bond Dickinson

OSW’s Loss of Capacity Payments Under FERC’s Recent PJM Order

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On December 19, 2019, the Federal Energy Regulatory Commission (FERC) gobsmacked the renewables industry by issuing an order that makes it nearly impossible for most new renewable energy projects in the PJM system to sell...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 3

The 2020 Regular Session of the West Virginia Legislature recently passed the one-third mark and, as of this writing, the House has introduced 1155 bills, while the Senate introduced 656. We will continue reporting on and...more

Morgan Lewis

New Jersey Enacts Bill Authorizing Solicitation of Open Access Transmission Facilities

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In November 2019, New Jersey Governor Phil Murphy issued Executive Order 92 increasing the state’s offshore wind generation goal from 3,500 MW by 2030 to 7,500 MW by 2035....more

Bricker Graydon LLP

Takeaways from the 2019 Solar + Storage Midwest Conference for the Ohio Solar Sector

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In November 2019, the Solar Energy Industries Alliance (SEIA) and the Smart Electric Power Association (SEPA) hosted the Solar + Storage Midwest Conference. (This conference was formerly named the “Solar Power Midwest”...more

Sheppard Mullin Richter & Hampton LLP

9th Circuit Says CPUC’s Standard Contract and Re-MAT Program for Certain Renewable Generators are not PURPA Compliant

In a recent opinion, the Ninth Circuit held that the California Public Utilities Commission’s (CPUC) Renewable Market Adjusting Tariff (Re-MAT) program and alternative Qualifying Facility (QF) standard offer contract...more

Pierce Atwood LLP

Massachusetts DPU to Review Interconnection Procedures for Distributed Generation Resources

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On May 22, 2019, the Massachusetts Department of Public Utilities (DPU) opened an inquiry to review and revise distributed generation (DG) interconnection procedures and requirements. ...more

Morgan Lewis

New Jersey Approves Zero Emission Credits for Nuclear Plants

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The New Jersey Board of Public Utilities (BPU) approved applications submitted by PSEG Nuclear LLC seeking subsidies of up to $300 million annually, in the form of zero emission credits (ZECs), for PSEG’s Hope Creek and Salem...more

White & Case LLP

Summary of FERC Meeting Agenda for March 21, 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's March 21, 2019 meeting, pursuant to the agenda as issued on March 14, 2019. Agenda items E-3, E-19, and E-20 have not been included...more

Alston & Bird

FERC Issues Rehearing Order on Reform of Large Generator Interconnection Procedures and Agreements

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Our Energy Group examines the Federal Energy Regulatory Commission’s Order No. 845-A and what it means for the large generator interconnection industry....more

Bricker Graydon LLP

Ohio kicks off interconnection rulemaking: Implications for distributed generation

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As part of the state process requiring that all state agencies conduct a review of their rules every five years, the Public Utilities Commission of Ohio (PUCO) recently opened a docket to review Ohio Adm. Code Chapter...more

Pullman & Comley, LLC

Connecticut Public Utility Authority Approves Grandfathering of Net Metering After Feed-In Tariff Approval and Encourages Year 8...

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On September 19, 2018, the Connecticut Public Utility Regulatory Authority (PURA) issued a declaratory ruling requested by Solar Connecticut, Inc. that existing net-metering rules would continue for existing distributed...more

Bricker Graydon LLP

PUCO approves energy efficiency rebates for Sofidel America’s combined heat and power systems

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On July 25, 2018, the Public Utilities Commission of Ohio (PUCO) approved the joint application of AEP Ohio and Sofidel America to commit the energy efficiency benefits of Sofidel’s combined heat and power (CHP) project to...more

Holland & Knight LLP

Court Holds Federal Law Preempts California Regulations Promoting Renewable Energy Projects

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• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more

McDermott Will & Emery

IRS Issues Updated Notice Regarding Safe Harbor for Transfers of Property to Regulated Public Utilities by Electricity Generators

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In Depth - On June 10, 2016, the Internal Revenue Service (IRS) issued Notice 2016-36 (the Notice), updating the safe harbor (Safe Harbor) regarding transfers of property from an electricity generator to a regulated...more

King & Spalding

FERC Reaffirms Filing Requirement For Jurisdictional Service Where No Compensation Is Received

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The Federal Energy Regulatory Commission (FERC) recently issued an Order on Rehearing in Chehalis Power Generating, L.P., Docket No. ER05-1056-008, where it reaffirmed its October 17, 2013 finding that Chehalis Power...more

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