On June 28, 2024, the Supreme Court overruled Chevron in Loper-Bright Enterprises v. Raimondo, fundamentally altering the judicial approach to agency interpretations of the law, particularly when assessing an agency’s scope...more
On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context...more
Much of the nation’s electric transmission grid is old and deteriorating, designed well before the recent transition from coal and oil-fired generation to renewable and distributed generation. There is widespread agreement...more
On June 16, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) entitled 'Improvements to Generator Interconnection Procedures and Agreements.' The reforms aim to address...more
The Federal Energy Regulatory Commission (FERC), relying on its authority under Section 206 of the Federal Power Act (FPA), issued a Notice of Proposed Rulemaking (NOPR) on April 21, 2022, laying out broad reforms to its...more
On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power...more
At its December open meeting, FERC proposed to establish rules for incentive-based rate treatments for voluntary cybersecurity investments by a public utility. If approved, the regulations would provide incentives for...more
The ecosystem of blockchain solutions in the renewable energy industry is rapidly growing. Blockchain has the potential to ease the burden that the introduction of electric vehicles places on the grid, help facilitate an...more
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
On September 27, 2018, the Second Circuit Court of Appeals issued its decision in Coalition for Competitive Electricity v. Zibelman, 2nd Cir. No. 17-2654, 2018 U.S. App. LEXIS 27605 (Sep. 27, 2018). ...more
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
OVERVIEW - The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100...more
On December 21, 2017, the Federal Energy Regulatory Commission (FERC) unanimously voted to direct the North American Electric Reliability Corporation (NERC) to modify existing CIP Reliability Standard (CIP-008-5)...more
On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more
On September 27, 2017, Sens. James M. Inhofe (R-OK) and Martin T. Heinrich (D-NM) introduced S. 1860, the Parity Across Reviews Act (“PARs Act”), which, if enacted, would add a $10 million value threshold to the requirement...more
On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing that Federal Energy Regulatory Commission (“FERC”) exercise its authority under sections 205 and 206 of the...more
During his confirmation hearing to be Secretary of Energy, Rick Perry repeatedly expressed support for an “all of the above” approach to energy development and use. On Friday, September 29, he initiated one of the first...more
On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These...more
As we previously reported, the Senate recently passed the Energy Policy Modernization Act (Act), which promotes renewable energy, improves the energy efficiency of buildings and directs investments towards the research and...more
Cybersecurity of the electric power grid and energy sector as a whole has been the subject of heightened Congressional attention given the integral role the industry plays in our economy. According to a 2015 U.S. Senate...more
Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____...more
On January 25, 2016, in a 6-2 decision delivered by Justice Kagan, the U.S. Supreme Court upheld the authority of the Federal Energy Regulatory Commission (FERC) under the Federal Power Act to require wholesale market...more
Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more
On March 7, 2014, the Federal Energy Regulatory Commission ("FERC") directed the North American Electric Reliability Corporation ("NERC") to develop reliability standards requiring owners and operators of the Bulk-Power...more