The board of managers of PJM Interconnection, L.L.C. (PJM) has directed PJM to prepare a proposal for filing with the Federal Energy Regulatory Commission (FERC) that will substantially reform the Minimum Offer Price Rule...more
In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more
Building off its White Paper issued last summer, the Federal Energy Regulatory Commission (FERC or the “Commission”) has proposed changes to its regulations that would encourage more robust investment in cybersecurity...more
Part One -
As the 2020 election nears, the Democratic campaign has begun to talk policy specifics regarding energy and climate change. Although the Trump administration undertook to dismantle many Obama-era policies and...more
9/29/2020
/ Carbon Pricing ,
Clean Energy ,
Distributed Energy Resources (DERs) ,
Electricity ,
Energy Market ,
Energy Policy ,
Energy Sector ,
Energy Storage ,
Enforcement Actions ,
FERC ,
Joe Biden ,
Political Campaigns ,
Political Candidates ,
Power Grid ,
Presidential Elections ,
PURPA ,
Renewable Energy ,
Supply Chain ,
Transmission Grid ,
Trump Administration ,
Wholesale
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
On June 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Cybersecurity Incentives Policy White Paper (the “White Paper”). The White Paper, issued in Docket No. AD20-19-000, discusses a...more
The Senate is considering bipartisan legislation to boost the defenses of the nation’s power grid against cybersecurity threats. The bill—the Protecting Resources on the Electric Grid with Cybersecurity Technology Act, or...more
10/2/2019
/ Cyber Attacks ,
Cybersecurity ,
Electric Generation Suppliers ,
Energy Sector ,
FERC ,
Incentives ,
Investors ,
Popular ,
Power Grid ,
Proposed Legislation ,
Utilities Sector
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
5/21/2019
/ Electricity ,
Energy Market ,
Energy Sector ,
Energy Storage ,
Federal Power Act ,
FERC ,
Final Rules ,
ISOs ,
Opt-Outs ,
RTO ,
Tariffs ,
Wholesale
In 2005, Congress sought to encourage investment in the nation’s power grid by requiring the Federal Energy Recovery Commission (FERC) to establish “incentive-based” rate treatments for electric transmission facilities. Order...more
1/22/2019
/ Abandonment ,
Cost Recovery ,
Electricity ,
Energy Projects ,
Energy Sector ,
FERC ,
Incentives ,
Investors ,
Power Grid ,
Power Infrastructure ,
Utilities Sector
In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more
9/21/2018
/ Appeals ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Energy Sector ,
Federal Power Act ,
FERC ,
Nuclear Power ,
Preemption ,
Renewable Energy ,
States Rights ,
Utilities Sector ,
Wholesale ,
Zero Emission Credits
On March 30, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued separate orders (i) partially granting one of two challenges to PJM Interconnection, L.L.C.’s (PJM) frequency regulation...more
Nearly a year after summoning stakeholders to discuss whether—and if so, how—the wholesale power markets should accommodate state policy goals, the Federal Energy Regulatory Commission (FERC or the “Commission”) has taken a...more
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
The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more
9/18/2017
/ Electric Cooperative ,
Electric Generation Suppliers ,
Energy Sector ,
Federal Power Act ,
FERC ,
Grandfathered Status ,
Motion to Terminate ,
Power Companies ,
Power Purchase Agreements ,
PURPA ,
Quorum ,
Renewable Energy
On July 21, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to (1) collect a wide range of “connected entity” data for market surveillance and...more
On November 20, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order directing each regional transmission organization (“RTO”) and independent system operator (“ISO”) to submit a report addressing five...more
On November 6, 2015, the chairmen of several congressional energy committees and subcommittees sent a letter to the Federal Energy Regulatory Commission (FERC or “Commission”) requesting that FERC convene a technical...more
Taking the first formal step in its year-long effort to examine price formation issues in the wholesale energy and ancillary services markets operated by regional transmission organizations and independent system operators...more
On July 7, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice seeking comments on a petition for rulemaking filed by the American Wind Energy Association (AWEA). The petition asks FERC to implement reforms...more
On May 15, 2015, the five sitting Federal Energy Regulatory Commission (FERC) commissioners sent a joint letter to Janet G. McCabe, acting assistant administrator of the Environmental Protection Agency (EPA), regarding the...more
On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more
On March 3, 2015, the Federal Energy Regulatory Commission (“FERC”) issued Opinion No. 531-B, an order denying rehearing of Opinion No. 531. Opinion No. 531 involved a challenge to the New England Transmission Owners’...more
On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more
On June 19, 2014, the Federal Energy Regulatory Commission (FERC) initiated a proceeding with the aim of evaluating price formation issues in the wholesale energy and ancillary services markets. The new initiative comes in...more
On June 11, 2014, Acting FERC Chair Cheryl LaFleur announced that FERC will seek rehearing en banc of the May 23rd, 2014, decision of the D.C. Circuit that vacated FERC’s controversial rulemaking on demand response...more