News & Analysis as of

RTO Wholesale

Troutman Pepper

FERC Issues Show Cause Order and NOPR on Credit Risk

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On July 28, 2022, FERC issued a show cause order indicating that several regional transmission organization (“RTO”) and independent system operator (“ISO”) tariffs appear to be unjust and unreasonable because they lack...more

Holland & Knight LLP

FERC Proposes Allowing RTOs, ISOs to Share Credit Details on Market Participants

Holland & Knight LLP on

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) on July 28, 2022, that would permit regional transmission organizations (RTO) and independent system operators (ISO) to share among...more

Troutman Pepper

FERC Issues Order No. 2222-B, Setting Demand Response Opt-Out for Further Consideration

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On June 17, 2021, FERC set aside its previous decision in Order No. 2222-A that allowed state regulatory authorities to prohibit demand response resources from participating in distributed energy resource (“DER”) aggregations...more

Troutman Pepper

FERC Issues Policy Statement on Carbon Pricing in Organized Wholesale Electric Markets

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On April 15, 2021, FERC issued a long-awaited policy statement providing guidance on incorporating state-determined carbon pricing into organized markets operated by Regional Transmission Organizations (“RTOs”) and...more

Bracewell LLP

FERC Issues Carbon Pricing Policy

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On April 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its much anticipated policy statement on carbon pricing in organized markets. The non-binding policy statement provides guidance...more

Bracewell LLP

FERC Refines DER Wholesale Market Participation Rules

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On March 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order on rehearing of its landmark final rule, Order No. 2222, pertaining to the participation of distributed energy resources (“DER”) through an...more

Bracewell LLP

FERC Directs RTOs and ISOs to File Reports on Hybrid Resources

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On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order directing each Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) to submit information...more

Morgan Lewis - Power & Pipes

FERC Begins Inquiry on Hybrid Resource Participation in Wholesale Markets

During its January open meeting, FERC issued an order directing independent system operators (ISOs) and regional transmission organizations (RTOs) to submit informational reports regarding co-located generation resources. ...more

Troutman Pepper

FERC Directs Informational Reports on Hybrid Resources from RTOs and ISOs Following Technical Conference

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On January 19, 2021, FERC directed Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) to submit informational reports regarding four hybrid resources issues: (1) terminology; (2)...more

Orrick, Herrington & Sutcliffe LLP

FERC Opens Organized Markets to Distributed Energy Resources

At its September 17, 2020, meeting, the Federal Energy Regulatory Commission (“FERC”) issued a groundbreaking order that will enable aggregators of distributed energy resources (“DERs”) located on utility distribution systems...more

Mintz - Energy & Sustainability Viewpoints

FERC Order Removes Barriers for Distributed Energy Resource Aggregations in Wholesale Markets

On September 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2222 (the “Order”) to allow for the greater participation of distributed energy resource (“DER”) aggregations in organized wholesale...more

Womble Bond Dickinson

Wholesale Markets Opened to Small Energy Producers

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On September 17, 2020, the Federal Energy Regulatory Commission (FERC) made it possible through aggregation for small solar, bio-mass, wind, storage, demand response and other distributed energy resources to bid competitively...more

White & Case LLP

Opting In (or Out): FERC’s Approach to Integrating Electric Storage and Distributed Energy Resources

White & Case LLP on

In a breakthrough final rule, the Federal Energy Regulatory Commission carves out space in wholesale markets for the aggregation of distributed energy resources. Earlier in the summer, the US Court of Appeals for the DC...more

Perkins Coie

FERC Plants the Seeds for DER Aggregators’ Participation in the RTO/ISO Markets: Work Must Be Done to See What Will Grow

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The Federal Energy Regulatory Commission issued Order 2222 on September 17, 2020. The order amends its regulations with the expansive goal of removing barriers to distributed energy resource (DER) aggregations’ participation...more

Morgan Lewis

FERC Breaks New Ground with DER Aggregation Order

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Under Order No. 2222, the Federal Energy Regulatory Commission hopes to “usher in the electric grid of the future” by opening wholesale markets to distributed energy resource aggregations. ...more

Troutman Pepper

FERC Opens Door for Participation of Distributed Energy Resource Aggregations in Wholesale Electric Markets

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On September 17, 2020, FERC issued a final rule (“Order No. 2222”) amending its regulations to require Regional Transmission Organizations and Independent System Operators (“RTO/ISO”) to revise their tariffs to facilitate the...more

Beveridge & Diamond PC

Grid of the Future? FERC Opens the Door to Aggregation of Distributed Energy Resources

Beveridge & Diamond PC on

On September 17, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2222, which paves the way for aggregated distributed energy resources to participate in the nation’s “organized” wholesale electricity...more

Troutman Pepper

FERC Issues Second Notice of Technical Conference on Carbon Pricing in Organized Wholesale Electric Markets

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On August 28, 2020, FERC issued a supplemental Notice of a Commission-led Technical Conference on state pricing for carbon dioxide emissions, commonly referred to as carbon pricing, in FERC-jurisdictional wholesale electric...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Backs FERC on Electric Storage Rule

The U.S. Court of Appeals for the D.C. Circuit recently upheld the Federal Energy Regulatory Commission’s (FERC or “Commission”) Order No. 841, a 2018 rulemaking addressing electric storage resources. The purpose of Order no...more

Blank Rome LLP

D.C. Circuit Upholds FERC’s Rules Encouraging Electric Storage Participation in Wholesale Markets

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On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied challenges1 to the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) final rule on electric storage...more

Morrison & Foerster LLP

D.C. Circuit Upholds FERC’s Electric Storage Rule

In a consequential case addressing the jurisdictional boundaries of federal and state authority over energy policy, on July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its...more

McGuireWoods LLP

FERC Schedules Technical Conference on MISO’s Storage as Transmission-Only Proposal

McGuireWoods LLP on

On April 10, 2020, the Federal Energy Regulatory Commission (FERC) issued an order scheduling a technical conference to address issues surrounding a Midcontinent Independent System Operator Inc. (MISO) tariff proposal to...more

McGuireWoods LLP

Lines in the Sand: FERC Clarifies Its Jurisdiction Over “Practices Affecting” Wholesale Rates Related to RTO and ISO Rules

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During its January open meeting, the Federal Energy Regulatory Commission denied rehearing on two orders affecting transparency in regional transmission organization (RTO) and independent system operator (ISO) processes, and...more

Orrick, Herrington & Sutcliffe LLP

Major Reforms to FERC Market-Based Rate Program Include New Data Collection Requirements

In a pair of rulemaking orders issued July 18, 2019, the Federal Energy Regulatory Commission (FERC) revised its regulations and policies for obtaining and maintaining authority to sell wholesale energy, capacity and...more

Akin Gump Strauss Hauer & Feld LLP

FERC Affirms Energy Storage Rule, Denies State Opt-Out

In an Order on Rehearing and Clarification issued at its May open meeting, the Federal Energy Regulatory Commission (FERC or “Commission”) generally affirmed Order No. 841, its 2018 Final Rule on electric storage. Electric...more

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