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DOE’s Grid Resiliency Notice of Proposed Rulemaking: Reply Comments

by Reed Smith on

The national dialogue over the Department of Energy’s (“DOE”) Notice of Proposed Rulemaking (“NOPR”) on Grid Reliability and Resilience Pricing progressed on Tuesday as energy industry stakeholders filed their reply comments...more

Hundreds of Parties Submit Comment in Response to Notice of Proposed Rulemaking on Grid Reliability and Resiliency Pricing

by King & Spalding on

On September 28, 2017, Secretary of Energy Rick Perry issued a Notice of Proposed Rulemaking (the “NOPR”) directing the Federal Energy Regulatory Commission (“FERC”) “to take action to ensure that the reliability and...more

When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”

by Stoel Rives LLP on

Or so Secretary Rick Perry and the DOE would have us believe. Approximately three weeks ago, the DOE made its pitch to FERC and the energy industry that a lack of “resiliency” threatens the U.S. power grid. The responses...more

DOE’s Grid Resiliency Notice of Proposed Rulemaking: Initial Comments

by Reed Smith on

Comments on the Department of Energy’s (“DOE”) Notice of Proposed Rulemaking (“NOPR”) on Grid Reliability and Resilience Pricing were submitted October 23, 2017. More than 450 entities and individuals filed comments...more

FERC and Wholesale Market Stakeholders Prepare Responses to Proposed Rule on Grid Resiliency

On September 29, 2017, the Secretary of Energy submitted to the Federal Energy Regulatory Commission a notice of proposed rulemaking to support electric grid resiliency. The notice states that changes to wholesale market...more

FERC to Expedite Final Rule on Grid Reliability and Resilience Pricing

by Alston & Bird on

On September 28, 2017, the U.S. Department of Energy released a Notice of Proposed Rulemaking (NOPR) directing the Federal Energy Regulatory Commission (FERC) to issue a final rule on grid reliability and resilience pricing....more

DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

by McCarter & English, LLP on

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by...more

DOE Directs FERC to Consider Rule Providing Cost Recovery for Coal- and Nuclear-Fired Generating Facilities Operating in RTO/ISO...

by Shearman & Sterling LLP on

On September 29, 2017, Rick Perry, the Secretary of Energy, sent a letter to the Federal Energy Regulatory Commission (FERC) directing that FERC consider exercising its ratemaking authority under Sections 205 and 206 of the...more

Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

by Stinson Leonard Street on

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

DOE’s Grid Resiliency Pricing Rule: Notice of Proposed Rulemaking

by Reed Smith on

On September 28, 2017, the U.S. Department of Energy (“DOE”) invoked a rarely-used statutory provision to issue a Notice of Proposed Rulemaking (“NOPR”) in Docket No. RM17-03-000 requiring the Federal Energy Regulatory...more

Department of Energy Files NOPR Providing for Guaranteed Profits for Nuclear and Coal Plants—Only.

by Blank Rome LLP on

The Department of Energy (“DOE”) last Friday rolled out a Notice of Proposed Rulemaking (“NOPR”) with the Federal Energy Regulatory Commission (“FERC”) that amounts to requiring subsidies for nuclear plants and coal plants....more

DOE Directs FERC to Issue Rule to Set Cost-Based Rates for Baseload Plants

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

DOE Directs FERC to Issue Grid Resiliency Rules Providing Cost Recovery for Traditional Baseload Generation

by K&L Gates LLP on

On September 28, 2017, using the Secretary of Energy’s authority under Section 403 of the Department of Energy Organization Act, the Department of Energy (“DOE”) proposed a rule for final action by the Federal Energy...more

Department of Energy Proposes Major Changes to Wholesale Power Market Rules

by Hogan Lovells on

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

Energy Secretary proposes reliability and resiliency tariffs

by PretiFlaherty on

U.S. Secretary of Energy Rick Perry has directed the Federal Energy Regulatory Commission to consider a proposed rulemaking to ensure that "traditional baseload resources, such as coal and nuclear" are rewarded for their...more

DOE Directs FERC to Enact Special Compensation Rule for Coal Power

by Stoel Rives LLP on

By a notice issued yesterday, September 28, Rick Perry, the Secretary of Energy, utilized section 403 of the DOE Act to require FERC to cause organized energy market operators (ISOs/RTOs) to compensate “fuel secure...more

FERC Proposes Reforms to Large Generator Interconnection

by Williams Mullen on

Late in 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (Proposed Rule), which contemplates revising the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma...more

FERC Invites Comments on State Energy Policy Technical Conference

On May 1 and 2, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference to “discuss the interplay between state policy goals and the wholesale markets”1 operated by the three...more

FERC Accelerates Efforts to Integrate Electric Storage Projects Into Jurisdictional Wholesale Markets

by Shearman & Sterling LLP on

Over the past year, the Federal Energy Regulatory Commission (FERC) has accelerated its efforts to facilitate integration of electric storage projects into wholesale electricity markets subject to its jurisdiction....more

FERC Steps Up Efforts to Support Integration of Energy Storage Technologies Into Wholesale Power Markets

As momentum builds for wide-scale development and deployment of electric energy storage technologies, the Federal Energy Regulatory Commission (FERC) has been taking a fresh look at how it can facilitate the integration of...more

FERC Schedules Technical Conference on the Interaction Between State Energy Policies and FERC-Regulated Wholesale Electricity...

On March 3, 2017, Federal Energy Regulatory Commission (FERC or the “Commission”) staff scheduled a technical conference to discuss the interaction between state energy policy priorities for generation resources and resource...more

Energy Storage: Finding New Home with FERC Policy Statement and Notice of Proposed Rulemaking

The Federal Energy Regulatory Commission (FERC) has taken steps over the past few months to address integration of electric storage into the market. In November 2016, FERC issued a Notice of Proposed Rulemaking (NOPR) to...more

CAISO Urges Flexibility and Coordination to Advance Distributed Energy Resource Aggregations at FERC

by K&L Gates LLP on

As previously covered by K&L Gates’ Global Power Law and Policy blog, on November 17, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to remove barriers so that electric...more

Can Electric Storage Resources Collect Both Cost-Based and Market-Based Revenue?

by Davis Wright Tremaine LLP on

The short answer is: yes, with a few caveats. On January 19, 2017, the Federal Energy Regulatory Commission (“FERC”) issued a policy statement that, under appropriate circumstances, electric storage resources may...more

FERC Issues Policy Statement on Cost Recovery for Electric Storage Resources, But the Devil Will Be in the “Implementation...

by K&L Gates LLP on

Last week, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement to provide guidance for electric storage resource owners and operators that may seek to receive cost-based rate...more

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