News & Analysis as of

Electricity Capacity Market

Spilman Thomas & Battle, PLLC

The Supply/Demand Problem: Reading the Signals from the Recent PJM Capacity Auction

The United States is facing a supply and demand problem in the electric sector, raising serious concerns not only about energy affordability but the reliability of the grid. On Tuesday, July 30, 2024, PJM Interconnection,...more

Foley Hoag LLP - Energy & Climate Counsel

NYISO Pushes Back Anticipated Compliance, Cluster Study Dates After FERC Order No. 2023-A

Interconnection reform is coming to New York State—right on (a slightly revised) schedule. In response to the issuance of a rehearing and clarification order on Federal Energy Regulatory Commission (“FERC”) Order No. 2023...more

Dorsey & Whitney LLP

D.C. Circuit Upholds FERC’s Broadview of PURPA

Dorsey & Whitney LLP on

On February 14, 2023, the D.C. Circuit Court of Appeals upheld FERC’s broad definition of qualifying facilities (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). In Broadview Solar, LLC, 174 FERC ¶...more

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

Troutman Pepper

FERC Rejects NYISO Buyer-Side Mitigation Proposal Aimed at Clean Energy Transition

Troutman Pepper on

On September 4, 2020, FERC rejected the New York Independent System Operator, Inc.’s (“NYISO”) proposed revisions to its buyer-side mitigation (“BSM”) rules that sought to prioritize storage, wind, solar, and other...more

Foley Hoag LLP - Environmental Law

It’s the Energy Markets, Stupid (And Energy Markets Are Complex)

This week, the Massachusetts Attorney General’s office released a white paper documenting the results of a symposium convened last fall to discuss how electric markets should be organized to manage the transition to a “low /...more

Sheppard Mullin Richter & Hampton LLP

FERC Continues to Squeeze Renewable Resources Participating in Wholesale Electric Capacity Markets

On February 20, 2020, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued several orders narrowing New York Independent System Operator, Inc.’s (“NYISO”) buyer-side market power mitigation rules in its...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

Akin Gump Strauss Hauer & Feld LLP

Generators Urge FERC to Adopt Centralized Capacity Market in California

A coalition of electric generators in California has urged the Federal Energy Regulatory Commission (FERC or “the Commission”) to require the California Independent System Operator (CAISO) to implement a centralized capacity...more

Holland & Knight LLP

Mexico Energy Regulatory Commission Issues Criteria for Capacity Auctions

Holland & Knight LLP on

Mexico's Energy Reform, established in 2013, opened opportunities for supply and trading of energy at the Electricity Wholesale Market (Mercado Eléctrico Mayorista or MEM) and the use of national transmission lines and...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

Akin Gump Strauss Hauer & Feld LLP

FERC Grapples with Accommodating State Policies in Wholesale Markets; Approves ISO New England Proposal for Subsidized Renewable...

Nearly a year after summoning stakeholders to discuss whether—and if so, how—the wholesale power markets should accommodate state policy goals, the Federal Energy Regulatory Commission (FERC or the “Commission”) has taken a...more

Orrick, Herrington & Sutcliffe LLP

Capacity Market Vicini Alla Completa Attuazione

Lo scorso 7 febbraio è stato reso noto che la Commissione europea ha sancito la compatibilità del mercato italiano della capacità (cd. capacity market) con la normativa UE in tema di aiuti di Stato....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

European Commission’s First State Aid Sector Inquiry Identifies Preliminary Concerns with Capacity Mechanisms

Latham & Watkins LLP on

The European Commission's Interim Report is critical of price-based mechanisms and calls for harmonized methods to determine generation adequacy levels and reliability standards. The European Commission (Commission)...more

Skadden, Arps, Slate, Meagher & Flom LLP

"CFTC Proposes Exclusion of Certain Electric Power and Natural Gas Contracts From 'Swap' Definition"

On April 4, 2016, the Commodity Futures Trading Commission (CFTC) proposed guidance that would exclude certain capacity contracts in electric power markets (capacity contracts) and natural gas peaking supply contracts from...more

Stinson - Corporate & Securities Law Blog

CFTC Proposes Guidance Clarifying that Certain Electric Capacity and Natural Gas Peaking Contracts are not “Swaps”

The CFTC has proposed guidance that certain capacity contracts in electric power markets and certain natural gas peaking supply contracts should not be considered “swaps” under the Commodity Exchange Act. The guidance does...more

Cadwalader, Wickersham & Taft LLP

Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new...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

Allen Matkins

Renewable Energy Update -- May 2014

Allen Matkins on

Renewable Energy Focus - Another solar record set, renewables power nearly quarter of California: KCET - May 20 -- Yet another milestone in California's quest to go solar: the state's industrial-sized solar power...more

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