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New York DPS Proposes Definitions for CLCPA’s 2040 “Zero Emissions” Mandate

On November 4, 2024, in the Public Service Commission (“PSC”)’s large-scale renewables and Clean Energy Standard docket (“Case 15-E-0302”), the New York State Department of Public Service (“DPS”) filed a document proposing...more

FERC’s Order No. 1920-A Invites States to Participate in Regional Transmission Cost Allocation Decisions

On November 21, 2024, FERC voted to approve Order No. 1920-A, an order on rehearing and clarification that modifies Order No. 1920, the May 2024 landmark regional transmission planning and cost allocation rule. In this post,...more

With Federal Support Uncertain, New York Executes Plan for Six Gigawatts of Energy Storage by 2030

After years of regulatory proceedings and planning, and following the New York Public Service Commission (the “PSC”)’s June 2024 Order Establishing Updated Energy Storage Goal and Deployment Policy (the “June 2024 Order”),...more

New York State Solicits Comments on the Proposed Scope of the 2025 State Energy Plan

In September 2024, the New York State Energy Planning Board released a Draft Scope of the New York State Energy Plan (the “Draft Scope”) for public comment. The State Energy Plan, originally published in 2015, is guided by...more

With Public Input, Changes to New York’s Clean Energy Standard Begin to Take Shape

What changes to New York’s renewable energy programs are coming down the pike? Public comments filed with the New York Public Service Commission (the “Commission”) concerning the Commission’s Draft Biennial Review of the...more

NYPA Releases Draft Renewables Strategic Plan, Invites Collaboration with Private Developers

On Tuesday, October 8, 2024, the New York Power Authority (“NYPA”) released its draft 2025 Renewables Strategic Plan (the “Draft Plan”) and invited public comment. The 2023-24 New York State budget granted NYPA expanded...more

Climate Law Matters Newsletter: Energy & Climate Newsletter - June 2024

In This Issue: Battery and Energy Storage Systems - 2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all...more

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become...more

FERC May 2024 Open Meeting Preview

It’s a busy time for the Federal Energy Regulatory Commission (the “Commission” or “FERC”). In March 2024, FERC issued Order No. 2023-A upholding its major generator interconnection reform order, Order No. 2023. FERC followed...more

U.S. Department of Energy Releases Preliminary List of Potential National Interest Electric Transmission Corridors

On May 8, 2024, the U.S. Department of Energy (“DOE”) released a preliminary list of potential National Interest Electric Transmission Corridors (“NIETCs”), representing another step forward in DOE’s efforts to effectuate...more

U.S. Department of Energy Issues Final Transmission Permitting Rule, Announces $331 Million Transmission Facilitation Program...

The Final Rule implements a May 2023 Memorandum of Understanding between the federal agencies currently responsible for various aspects of environmental review and permitting of transmission projects and creates the...more

FERC April 2024 Open Meeting and May 2024 Open Meeting Preview

On Thursday, April 18, 2024, in a departure from normal procedure, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two Sunshine Act Meeting Notices, publishing agendas for both the April 25, 2024...more

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission...more

NYISO Pushes Back Anticipated Compliance, Cluster Study Dates After FERC Order No. 2023-A

Interconnection reform is coming to New York State—right on (a slightly revised) schedule. In response to the issuance of a rehearing and clarification order on Federal Energy Regulatory Commission (“FERC”) Order No. 2023...more

New England Electricity Restructuring Roundtable Meeting Summary: Wholesale Markets and the Clean-Energy Transition

On March 22, 2024, Foley Hoag hosted the latest gathering of the New England Electricity Restructuring Roundtable. The Roundtable, which has been meeting regularly since 1995, was originally organized to contemplate the...more

More Federal-State Collaboration at FERC: The Commission Establishes the Federal and State Current Issues Collaborative

At FERC’s March 2024 Open Meeting, the Commissioners announced a new cooperative effort between FERC and the states: the Federal and State Current Issues Collaborative (“Current Issues Collaborative”)....more

Energy Storage Sands Continue to Shift at Last NYISO Task Force Meeting Before Order No. 2023 Compliance Filing

On Friday, March 15, 2024, the NYISO hosted what is expected to be the last of its Interconnection Issues Task Force (“IITF”) meetings before making its FERC Order No. 2023 compliance filing on April 3, and it was clear that...more

New York’s Inflation Reduction Act “Surplus” and How to Expand Distributed Solar Beyond 10 Gigawatts

The New York Public Service Commission (“PSC”) is considering recommendations by the New York State Energy Research and Development Authority (“NYSERDA”) to use existing NY-Sun Program funding to deploy distributed solar...more

U.S. Department of Energy Announces a Second Solicitation for the Transmission Facilitation Program

The Transmission Facilitation Program (“TFP”), a federal clean-energy initiative arising out of the 2021 Infrastructure Investment and Jobs Act that aims to enhance the capacity, resiliency, and reliability of the nation’s...more

Unpacking Recent FERC Orders on Transmission Rate Incentives: A Download for Developers

Recently, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) has issued two Orders regarding transmission projects’ requests for transmission rate incentives. The pair of rulings, each of which includes a...more

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