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FERC Clarifies FPA Section 203 Authorization Requirements Prior to Acquisition of a Utility’s Operational Management...

On December 2, 2020, FERC clarified that when an entity with passive equity holdings in a company later wants to assume operational responsibilities over the company, the entity must obtain authorization under Federal Power...more

Allison Clements Sworn in as FERC Commissioner

On December 8, 2020, Allison Clements was sworn in as a FERC’s newest Commissioner. Commissioner Clements’ swearing in follows the Senate’s November 30 late night voice vote confirming her nomination, along with the...more

12/17/2020  /  Energy Sector , FERC

FERC Orders ISO-NE to Remove FCM New Entrant Rules From its Tariff

On December 2, 2020, FERC ordered ISO New England, Inc. (“ISO-NE”) to remove the price-lock mechanism and zero-price offer rule (together, the “New Entrant Rules”) from Tariff provisions relating to its Forward Capacity...more

12/10/2020  /  Energy Market , Energy Sector , FERC , ISOs , Tariffs

FERC Upholds ISO-NE CASPR Program on Rehearing

On November 19, 2020, FERC upheld its March 2018 order addressing ISO New England, Inc.’s (“ISO-NE”) Competitive Auctions with Sponsored Policy Resources (“CASPR”) proposal to integrate certain state-supported resources into...more

FERC Upholds Changes to PJM Reserve Market Design and E&AS Offset Calculation

On November 3, 2020, FERC upheld its May 2020 order finding PJM Interconnection, L.L.C.’s (“PJM”) reserve market design to be unjust and unreasonable, and establishing a replacement market design including, among other...more

11/16/2020  /  Energy Market , Energy Sector , FERC

Danly Named FERC Chairman

On November 5, 2020, President Donald Trump designated sitting FERC Commissioner James Danly to assume the Chairmanship of the Commission. Chairman Danly joined FERC as general counsel in 2017, and served as a Commissioner...more

MISO Beefs Up Deliverability Requirements for Conventional Capacity Resources

On October 27, 2020, FERC accepted Midcontinent Independent System Operator, Inc.’s (“MISO’s”) proposal to require conventional, non-intermittent capacity resources with Energy Resource Interconnection Service (“ERIS”) to...more

11/9/2020  /  Energy Sector , FERC , MISO

Commissioner Danly Objects to FERC’s Continued Practice of Granting Retroactive Waivers

On October 16, 2020, FERC issued a number of orders at its open meeting that addressed unrelated requests for retroactive waiver of various Regional Transmission Organization and utility tariff provisions. Commissioner James...more

FERC Subjects NYISO Demand Response Resources to Buyer-Side Mitigation Rules

On October 7, 2020, FERC affirmed its prior determination that certain demand response resources participating in the New York Independent System Operator, Inc. (“NYISO”) capacity markets—termed Special Case Resources...more

FERC Accepts CAISO Rules Enhancing Demand Response Program for Electric Vehicle Charging Stations and Behind-the-Meter Energy...

On September 30, 2020, FERC accepted the California Independent System Operator Corporation’s (“CAISO”) proposals to: 1) permit electric vehicle charging stations to participate in CAISO’s demand response program separately...more

FERC Upholds Orders on Transmission Owner Funding for Network Upgrades in MISO

On September 17, 2020, FERC addressed the American Wind Energy Association’s (“AWEA”) request for rehearing of a December 2019 order finding that Generator Interconnection Agreements (“GIAs”), Facilities Construction...more

FERC Staff Clarifies Changes to Rehearing Practices Following Allegheny Decision

On September 17, 2020, at FERC’s Virtual Open Meeting, FERC Staff presented an overview of changes to its rehearing practices following the United States Court of Appeals for the District of Columbia Circuit’s (“D.C....more

FERC Rejects NYISO Buyer-Side Mitigation Proposal Aimed at Clean Energy Transition

On September 4, 2020, FERC rejected the New York Independent System Operator, Inc.’s (“NYISO”) proposed revisions to its buyer-side mitigation (“BSM”) rules that sought to prioritize storage, wind, solar, and other...more

FERC Directs Further Briefing and Establishes Technical Conference on Overlapping Congestion Charges for MISO/SPP Pseudo-Tie...

On August 27, 2020, FERC directed further briefing and established a technical conference in the proceedings arising from two complaints in which American Electric Power Service Corporation (“AEP”) and the City of Prescott,...more

Analyzing FERC’s Order Updating PURPA Regulations for First Time in Almost 40 Years

Executive Summary of FERC Order No. 872: Qualifying Facility Rates and Requirements Implementation Issues Under the Public Utility Regulatory Policies Act of 1978 ...more

7/20/2020  /  Energy Policy , FERC , Public Utility , PURPA
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