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Capacity Market Federal Energy Regulatory Commission Energy Sector

Dorsey & Whitney LLP

Energy Law: Month in Review - September 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Foley Hoag LLP - Energy & Climate Counsel

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

Dorsey & Whitney LLP

D.C. Circuit Upholds FERC’s Broadview of PURPA

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On February 14, 2023, the D.C. Circuit Court of Appeals upheld FERC’s broad definition of qualifying facilities (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). In Broadview Solar, LLC, 174 FERC ¶...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Approves ISO-New England’s Implementation of Capacity Market Design Changes and MOPR Elimination

On Friday, May 27, 2022, the Federal Energy Regulatory Commission (FERC) issued an order approving ISO-New England’s proposed tariff revisions, which phase out the ISO’s minimum offer price rule (MOPR) by 2024...more

Morgan Lewis - Power & Pipes

PJM’s ‘Focused’ Minimum Offer Price Rule Takes Effect by Operation of Law

In a notice issued on September 29, 2021, FERC stated that it did not act on PJM Interconnection LLC’s (PJM’s) proposed reforms to the application of the Minimum Offer Price Rule (MOPR) because the Commissioners are divided...more

Bracewell LLP

FERC Staff Issues White Paper on Hybrid Resources; Seeks Industry Input

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On May 26, 2021, Federal Energy Regulatory Commission (“FERC”) staff issued a white paper regarding the current status and use of hybrid resources – e.g., co-located generation and storage facilities – in wholesale markets,...more

Troutman Pepper

FERC Upholds ISO-NE CASPR Program on Rehearing

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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

Troutman Pepper

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

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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

Sheppard Mullin Richter & Hampton LLP

FERC Continues to Squeeze Renewable Resources Participating in Wholesale Electric Capacity Markets

On February 20, 2020, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued several orders narrowing New York Independent System Operator, Inc.’s (“NYISO”) buyer-side market power mitigation rules in its...more

King & Spalding

Impact of the Delayed PJM Base Residual Auction on Excess Cash Flow Sweeps Under Construction Financings

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In a July 25, 2019 order, the Federal Energy Regulatory Commission (“FERC”) directed PJM Interconnection, L.L.C. (“PJM”) not to conduct the Base Residual Auction (“BRA”) to procure capacity for the 2022-2023 delivery year in...more

Stoel Rives - Renewable + Law

FERC Issues NOPR to Eliminate Horizontal Market Screens for Certain MBR Sellers

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) on December 20 proposing changes to its regulations regarding the horizontal market power analysis required for market-based...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rejects Electric Generators’ Request to Adopt Centralized Capacity Market in California

In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more

Akin Gump Strauss Hauer & Feld LLP

Generators Urge FERC to Adopt Centralized Capacity Market in California

A coalition of electric generators in California has urged the Federal Energy Regulatory Commission (FERC or “the Commission”) to require the California Independent System Operator (CAISO) to implement a centralized capacity...more

Latham & Watkins LLP

FERC Issues Order to Mitigate the Impact of State Preferences on the PJM Capacity Market

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Stakeholders in the PJM capacity market can submit comments to FERC in an expedited paper hearing regarding the form of mitigation. Key Points: ..FERC issued preliminary findings that state preferences may suppress...more

Akin Gump Strauss Hauer & Feld LLP

Carbon Pricing Update: Assessing NYISO’s Carbon Pricing Straw Proposal

The New York Independent System Operator (NYISO) recently released a Carbon Pricing Straw Proposal (Proposal) to advance the State’s energy and environmental goals by reflecting the cost of carbon emissions in wholesale...more

Akin Gump Strauss Hauer & Feld LLP

FERC Grapples with Accommodating State Policies in Wholesale Markets; Approves ISO New England Proposal for Subsidized Renewable...

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

Pierce Atwood LLP

CASPR: FERC Approves Changes To ISO-NE's Forward Capacity Auction

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On March 9, 2018, the Federal Energy Regulatory Commission (FERC) in a split vote approved ISO-New England Inc.’s (ISO-NE) proposed tariff revisions intended to accommodate the entry of additional clean energy resources into...more

Moore & Van Allen PLLC

EIB Energy Highlights: New FERC Chair, Offshore Drilling-NC Says “No,” Atlantic Coast Pipeline EIS, Clean Air & More

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Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Stinson LLP

DC Circuit Vacates FERC Order on PJM's Capacity Market

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Decision limits FERC's ability to modify rate proposals - In an opinion issued on July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held that Section 205 of the Federal Power Act "does not allow...more

Pillsbury Winthrop Shaw Pittman LLP

FERC Enters the Trump Era - The agency announces staff-led Technical Conference as Trump administration expected to name new...

On Friday, March 3, 2017, the Federal Energy Regulatory Commission (FERC) made the much-anticipated announcement of its upcoming staff-led technical conference on wholesale energy and capacity markets. The conference...more

Akin Gump Strauss Hauer & Feld LLP

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more

Davis Wright Tremaine LLP

FERC Expands Role of Demand Response Resources in Approving PJM’s New Capacity Market Framework

In a move likely to create more opportunities for demand response resources, FERC has conditionally approved substantial modifications to PJM’s capacity market framework, known as the Reliability Pricing Model (“RPM”). Many...more

Latham & Watkins LLP

FERC Issues Order Accepting PJM Capacity Performance Proposal

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FERC approves PJM’s significant capacity market changes in an effort to ensure reliability in the region. On June 9, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order (the CP...more

Akin Gump Strauss Hauer & Feld LLP

FERC Approves PJM’s Proposed Changes to Market Rules Governing the Participation of Demand Response Products in the Capacity...

On January 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving rule changes proposed by PJM Interconnection, L.L.C. (PJM) to the clearing of its capacity market, referred to as the Reliability...more

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