The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRA
Nota Bene Podcast Episode 133: What’s Driving the Shift Toward Renewable Energy? with Paul Kaufman and Ben Huffman
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
HB 741, a bill passed by Florida’s Senate and House of Representatives and awaiting the signature of Governor Ron DeSantis, is expected to devastate the state’s growing solar power industry. ...more
At its December 2021 Oral Argument Session, the Supreme Court of Pennsylvania will hear arguments in three consolidated cases involving the installation of smart meters by electric utilities. A smart meter is part of a...more
On May 28, 2020, the Ohio House Public Utilities Committee adopted a substitute bill for H.B. 246 (Vitale). Previously, the legislation was a placeholder declaring the intent to adopt reforms and modernization of the Public...more
On Friday, April 24, 2020, the Internal Revenue Service (IRS) issued three private letter rulings providing guidance to regulated public utilities on three distinct issues. Specifically, the rulings addressed the following: ...more
On March 6, 2020, the Internal Revenue Service (IRS) released PLR 202010002, which provided the appropriate normalization treatment of infrastructure surcharges in supplemental rate proceedings as well as the proper...more
Welcome to 2020! It is a new year and with every new year, comes a lot of new: new goals, new diet, new workout routines that leave every part of you sore... In the professional setting, a new year brings a lot of “chores,”...more
Brad Kuhn was quoted extensively in the Daily Journal article “Century-Old Doctrine Haunts Fire Litigation.” The article provides an overview of how developments in inverse condemnation that occurred in 2019 pose numerous...more
In a recent private letter ruling (PLR 201949006), the Internal Revenue Service (IRS) addressed the computation of the pro rata portion of accumulated deferred federal income tax reserve (ADFIT, together with the total...more
On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to comprehensively rewrite its rules for implementing the Public Utility Regulatory Policies Act...more
The Federal Energy Regulatory Commission seeks to revise its PURPA regulations after nearly 40 years of growth in the energy industry, but not everyone is on board. Our Energy Group highlights the notable proposed changes and...more
The Federal Energy Regulatory Commission (“FERC”) issued a proposed rulemaking on September 19, 2019, that entails a sweeping overhaul of the Public Utility Policy Act of 1978 ("PURPA") which could have significant impact on...more
Last week, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to modernize its regulations governing small power producers and cogenerators under the Public Utility Regulatory...more
The Federal Energy Regulatory Commission (FERC) issued a sweeping Notice of Proposed Rulemaking (NOPR) proposing to dramatically reform its regulations that implement the Public Utility Regulatory Policies Act of 1978...more
The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more
Several New Mexico citizens and a non-profit organization filed a Complaint for Declaratory and Equitable Relief (“Complaint”) in the United District Court for the District of New Mexico against the City of Farmington, New...more
On July 29, 2019, the United States Court of Appeals for the Ninth Circuit issued its decision in Winding Creek Solar LLC v. Peterman et al, Case Nos. 17-17531, 17-17532 (9th Cir. July 29, 2019), which affirmed the judgment...more
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
In Private Letter Ruling 201923019 (Feb. 21, 2019) (publicly released on June 10, 2019), the Internal Revenue Service (IRS) addressed a state statute that allowed a regulated public utility to acquire an unregulated solar...more
On May 7, 2018, the Virginia State Corporation Commission (the “Commission”) issued a Final Order (the “Order”) denying the request of Virginia Electric and Power Company (“Dominion”) for approval of six renewable energy...more
On Thursday, March 15, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a series of orders and notices to address changing the treatment of income tax costs in rate setting for oil and natural...more
• 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
The Federal Energy Regulatory Commission (FERC) has the authority to order a public utility to refund to its customers rates that FERC determines to be unjust and unreasonable. But what if FERC later determines that the...more
On January 23, 2017, the House of Representatives passed H.R. 587, the Fair Ratepayer Accountability, Transparency, and Efficiency Standards Act (“Fair RATES Act”), which would amend Section 205 of the Federal Power Act (FPA)...more
Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more
Justice delayed is Justice denied is a favorite aphorism. Most times, the aphorism criticizes the deliberative process of our judicial system. But, in fact, the aphorism is broader - the mere passage of time - regardless of...more