News & Analysis as of

Public Utilities Commission

Federal Court Finds California PURPA Programs Non-Compliant

In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...more

CPUC Reopens TOU Grandfathering Grace Period Eligibility - Public Agencies Must Submit Application by Dec. 31

by Best Best & Krieger LLP on

The California Public Utilities Commission recently approved a proposal to re-open the application period for public agencies with solar projects under development to qualify for time-of-use rate grandfathering protections....more

Wastewater Disposal for Craft Brewers

by Bowditch & Dewey on

Last month, a local brewery was informed by the Water & Sewer Commission in its town that its wastewater contained more pollutants than was originally anticipated. Then last week, news broke that the brewery and the...more

The PUCO adopts net metering rules

by Bricker & Eckler LLP on

On November 8, 2017, the Public Utilities Commission of Ohio (PUCO) unanimously adopted changes to Ohio’s administrative rules governing net metering for behind the meter distributed generation....more

PA Legislation Transfers “One Call” Enforcement Responsibilities to PUC

by Cozen O'Connor on

Pennsylvania Governor Tom Wolf recently signed Senate Bill 242 into law, a legislative initiative designed to make significant changes to Pennsylvania’s “One Call System,” a warning system for excavators that helps them avoid...more

Massachusetts Department of Public Utilities Investigates Issues Relating to Net Metering, Energy Storage, and Forward Capacity...

On October 3, 2017, the Massachusetts Department of Public Utilities (“DPU”) opened a new docket (D.P.U. 17-146) to investigate two issues: whether energy storage systems paired with net metering facilities are eligible for...more

PA PUC Approves PA-American Water’s Fair Market Value Acquisition of McKeesport Wastewater System

by Cozen O'Connor on

In one of the first acquisitions to be decided pursuant to a 2016 amendment to the Pennsylvania Public Utility Code (Code) that allows a public utility to rate base fair market value instead of depreciated original cost, the...more

Illinois Power Agency Estimates More Than $650 Million Available for Renewable Energy Credit Purchases from New Projects Through...

by Bryan Cave on

On September 29, 2017, the Illinois Power Agency (IPA) released for public comment its initial draft Long Term Renewable Resources Procurement Plan (LTRRP) for Renewable Energy Credits (RECs) pursuant to the Illinois Future...more

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

by Stoel Rives LLP on

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

Many California Cities May Not be Receiving Full Cable Franchise Fee

by Best Best & Krieger LLP on

A decision from the U.S. District Court for the Eastern District of California suggests that many California cities are receiving less than the full cable franchise fee to which they are entitled....more

MN PUC Establishes New Environmental Costs for Use in All Proceedings

by Stoel Rives LLP on

Today, the MN PUC concluded a nearly four-year effort on updating environmental costs established under section 216B.2422 subd. 3 of the Minnesota Statutes. Before getting to the decision, a bit of context....more

Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

by Snell & Wilmer on

The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of...more

MPUC to Disburse up to $2.5 Million from RGGI Trust Fund: Applications Due August 10

by Pierce Atwood LLP on

The Maine Public Utilities Commission (MPUC) is seeking applications from eligible Maine energy intensive manufacturing businesses for disbursements from Maine’s Regional Greenhouse Gas Initiative (RGGI) Trust Fund to off-set...more

FERC Staff Questions Wind Farms on Calculation of PURPA’s One-Mile Rule

On June 9, 2017, Beaver Creek Wind II, LLC and Beaver Creek Wind III, LLC (together, “Beaver Creek”) responded to a deficiency letter from the Federal Energy Regulatory Commission (FERC or the “Commission”) staff seeking...more

Municipalities Are Now Included In PURA Small Cell Cases Before Public Utilities Regulatory Authority

by Murtha Cullina on

In its final decision in Docket No. 17-02-49 adopted on June 2, 2017, the Public Utilities Regulatory Authority ("PURA") incorporated nearly all of the recommendations made by the Connecticut Conference of Municipalities for...more

Oil And Gas Update For Week Ending 6/16/2017 – PAPUC Issues Annual Report On Natural Gas Impact Fees.

by Cozen O'Connor on

Oil and natural gas spot prices continued their downward trend since our last report with the Henry Hub dipping below $3 for the second straight week, spot prices in Appalachia dipping below $2, and oil prices hovering around...more

Nevada Legislature Approves Bills to Encourage Distributed Generation and Community Solar Projects

by Foley & Lardner LLP on

The Nevada legislature took several actions in the last days of its 2017 legislative session to reopen the state to the development of and investment in distributed generation and community solar projects...more

Renewable Energy Update - May 2017 #3

by Allen Matkins on

Renewable Energy Focus - Non-utility suppliers could serve 85% of load by mid-2020s, according to new CPUC report - Utility Dive - May 17 - A new report from the California Public Utilities Commission (CPUC) and...more

MPUC Approves Multi-Year Rate Case Settlement, Opens Docket to Develop Performance Metrics

by Stoel Rives LLP on

Yesterday, the Minnesota Public Utilities Commission (“MPUC”) approved a settlement between Xcel Energy and various intervening stakeholders, to resolve the revenue requirement issues in Xcel Energy’s pending multi-year rate...more

News from Second and State

Weekly Wrap - It was a busy week in Harrisburg with both chambers in session at the same time in over a month. Monday wasn’t a voting session day, but the House Aging and Older Adult Services, House Health, and...more

CPUC and CEC Announce Joint Policy Forum on Future of Retail Electricity in California

by Stoel Rives LLP on

Today the California Public Utilities Commission (CPUC) and California Energy Commission (CEC) announced that they will hold a joint forum on May 19, 2017 to discuss the future of retail electricity in California....more

Energy Insider Interview Series: Questions for NARUC President/PA PUC Commissioner Robert F. Powelson

1. You were elected as President of the National Association of Regulatory Utility Commissioners (NARUC) back in November. What have you established as goals for your term as President and what will NARUC be focusing on in...more

ExteNet v City of Houston: Who pays for access to Texas rights-of-way?

On March 30, 2017 the Texas Public Utilities Commission will decide whether companies with certificates of public convenience and necessity from the Commission may place their facilities in local rights-of-way and provide...more

Texas Hold ‘Em: Long-Lasting Pole Attachment Dispute Ends (For Now)

by Davis Wright Tremaine LLP on

In late February, the Texas Court of Appeals issued an opinion resolving an eight-year dispute concerning municipal pole attachment fees charged to AT&T and Time Warner Cable (TWC) by CPS Energy (CPS), an electric utility...more

CAISO Expects It May Need to Curtail Up to 8,000 MW This Spring and Up to 13,000 MW By 2024, Which Could Test Curtailment Risk...

by Latham & Watkins LLP on

At the most recent meeting of the Board of Directors of the California Independent System Operator (CAISO) held on February 16, 2017, the President and Chief Executive Officer of the CAISO reported that because of the...more

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