News & Analysis as of

Public Utilities Commission

[Webinar] Duke Energy's North Carolina CPRE Program - Latest Developments - March 20th, 11:00am ET

by Williams Mullen on

Are you planning to submit a renewable energy project under Duke Energy’s competitive procurement under Part II of H.B. 589? Duke Energy’s solicitation for 680 MW of renewable energy and capacity is expected to be released...more

Duke Energy’s CPRE Program Approved (with Modifications) for First Solicitation under H.B. 589

by Williams Mullen on

On February 21, 2018, the North Carolina Utilities Commission (the “NCUC”) issued an order (the “Order”) approving, with numerous required modifications, the application of Duke Energy Carolinas, LLC (“DEC”) and Duke Energy...more

DRM Win for Renewable Energy at Vermont Supreme Court

by Downs Rachlin Martin PLLC on

On January 12, 2018, the Vermont Supreme Court decided in favor of Stowe Cady Hill Solar LLC and reversed the Vermont Public Utility Commission’s sua sponte dismissal of a petition for a net-metered solar facility. The...more

California May Need up to 2,000 MW of New Battery Energy Storage Resources by 2030, Commission Finds

On February 8, 2018, the California Public Utilities Commission (“CPUC”) adopted a new procurement process in a decision which suggested that 2,000 MW of new battery energy storage resources may be needed in California by...more

California Public Utilities Commission Issues Resolution ALJ-344, Constricting Procedures

At the end of 2017, the California Public Utilities Commission issued Resolution ALJ-344 which implements statutory amendments pursuant to Senate Bill (SB) 215, reflects changes in the Commission’s administration, streamlines...more

Court of Appeal Rules Challenge to Constitutionality of Power Plant Licensing Appeals Process is Ripe for Judicial Review

California’s process to challenge thermal power plants will likely be put to the judicial test in the coming years. The California Court of Appeal has granted publication of its recent opinion in Communities for a Better...more

Updates in the LP&L Case on the Heels of the Hearing on the Merits

by Husch Blackwell LLP on

On the heels of last week’s Hearing on the Merits, the proposed transition of Lubbock Power & Light (“LP&L”) from the Southwest Power Pool (“SPP”) to the Electric Reliability Council of Texas (“ERCOT”) was back on the agenda...more

Currents - Energy Industry Insights - January 2018 - Issue 3

Northeast Could be Second U.S. Petrochemical Hub - "'While the region with its ample and reliable supply of ethane is primed for the emergence as a second major petrochemical manufacturing hub in the United States, it...more

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

PA PUC Requests Input on Proposal Regarding Fully Projected Future Test Years in Rate Cases

by Cozen O'Connor on

The Pennsylvania Public Utility Commission (Commission) currently has a detailed regulation, 52 Pa. Code § 53.53, describing the information that must be submitted to the Commission to support a proposed general rate...more

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

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

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

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