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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

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

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

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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