News & Analysis as of

Utilities Sector

Renewable Energy Update - December 2017

by Allen Matkins on

PG&E goes for 165MW of energy storage towards 2024 mandate - Energy Storage News - Dec 6 Investor-owned utility Pacific Gas & Electric (PG&E) has furthered its commitment towards the state’s mandated target for energy...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

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Renewable Energy Update - November 2017 #2

by Allen Matkins on

Focus - Top energy storage projects driving the sector in 2017 - Utility Dive - Nov 28 2017 could go down as the year regulated utilities took the lead in energy storage. Several of the most notable energy storage...more

First Circuit Decision Finds No Private Right of Action Under PURPA Against a Utility

On November 13, 2017, the U.S. Court of Appeals for the 1st Circuit held in Allco Renewable Energy Ltd. v. Mass. Elec. Co. that a Qualifying Facility (QF) does not have a private right of action against a utility company...more

Renewable Energy Update - November 2017

by Allen Matkins on

Focus - Wells Fargo global operations now powered by 100 percent renewable energy - PennEnergy - Nov 8 Wells Fargo & Company has announced that 100 percent of its global electricity consumption for 2017 will be met with...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

Baker-Polito Administration Awards $3.7 Million in Grants for Clean Energy Technology

On November 1, the Baker-Polito Administration awarded $3.7 million in grants to increase the adoption of cost-saving clean energy technologies by Massachusetts low-income residents as part of the Commonwealth’s Affordable...more

Nuclear Decommissioning and Legal Risk

by Latham & Watkins LLP on

Entities engaged in decommissioning can assess and allocate associated legal risks in predictable ways. Key Points: ..With proper legal diligence and planning, the liability risks associated with nuclear decommissioning...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019 - AB 746 Imposes Requirements for Water...

by Best Best & Krieger LLP on

Under a new state law, California water providers will need to test for lead in local schools’ drinking water on or before July 1, 2019. The new law, AB 746, imposes certain requirements on both water providers and school...more

Blockchain Technology Could be Key to Smarter Energy Grid

The same technology underlying the efficiency of bitcoin transactions and largely responsible for the online currency’s success could be the key to developing a smarter energy grid. Blockchain, a shared, encrypted ledger...more

[Webinar] PURPA Policies Then and Now: The Latest Developments for Electric Utilities - November 14th, 12:00pm CT

by Thompson Coburn LLP on

The Public Utility Regulatory Policies Act of 1978 (“PURPA”) was enacted in response to the 1970s-era energy crises to promote greater reliance on domestic, renewable energy sources by creating mandatory, “must purchase”...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

FERC Proposes Updates to Critical Infrastructure Protection Standards for Cybersecurity of Low Impact Bulk Electric System...

by WilmerHale on

The Federal Energy Regulatory Commission (FERC) published a notice of proposed rulemaking (NPRM) on October 26, suggesting updates to the Critical Infrastructure Protection (CIP) Reliability Standard governing cybersecurity...more

The Western States’ Plan for EV Charging Infrastructure – Lessons Learned and Things to Watch

by Stoel Rives LLP on

On October 4, 2017, the Governors of a number of western states signed a memorandum of understanding (“MOU”) to lay the foundation for work on a regional electric vehicle (“EV”) infrastructure development plan called the...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

Electric Grid Reliability and Resiliency in the Spotlight with DOE Pricing NOPR & More

by Moore & Van Allen PLLC on

Pushing through a record hurricane season has tested the resiliency of the human spirit, as well as that of the energy infrastructure we so heavily rely upon. In the last month, we have seen efforts on multiple fronts with a...more

Managing the Energy Impacts of the Massachusetts Cannabis Industry

by Mintz Levin - ML Strategies on

State-by-state legalization of the medical and recreational use of marijuana is creating a new industry in the U.S. that has the potential to rival our largest businesses. However, the growth of this new industry comes at a...more

FERC Proposes New Cybersecurity Rules for Electric Grid

The Federal Energy Regulatory Commission (FERC) has proposed new rules to enhance cybersecurity for the electric grid in the U.S., which includes security management controls to specifically respond to risks associated with...more

Illinois Renewable Resources Procurement Plan Aims to Boost Renewable Energy Development

by McDermott Will & Emery on

On September 29, 2017, the Illinois Power Agency (IPA) released its Long-Term Renewable Resources Procurement Plan (Plan) to implement renewable energy goals set forth in Illinois’s Future Energy Jobs Act, which went into...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Government Warns of Threat Activity Targeting Critical Infrastructure through Third-Party Access

A cloak of secrecy usually covers covert government activities when it comes to the latest cyber threats and intelligence. But in a rare public statement, the U.S. government has warned that hackers are targeting government...more

Battery Storage: A change in the commerciality of battery storage in the UK

by DLA Piper on

Since our last paper on the emergence of battery storage: Battery Storage: A New Frontier, published in June 2017, we have seen some interesting developments recently in the UK. ...more

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