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Nossaman LLP

CA Supreme Court Decision Paves the Way for Water Rate Decoupling

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On July 8, 2024, the California Supreme Court issued its opinion in Golden State Water Company v. Public Utilities Commission. The petitioners, California Water Association, California-American Water Company, California Water...more

Davis Wright Tremaine LLP

Can't Get the Utility to Connect You? CPUC to Address California's Backlog of Electric Service Connections

Electrification is a key pillar in California's effort to decarbonize and combat climate change. Unfortunately, the rapid electrification of buildings, appliances, and transportation, not to mention the proliferation of...more

Downey Brand LLP

Supreme Court of California Rejects Class Action Suit Against PG&E for its 2019 Blackouts

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Introduction - In Gantner v. PG&E Corporation et al. (November 20, 2023) No. S273340, 2023 WL 8010215, the Supreme Court of California (“Court”) unanimously held that a plaintiff’s class action lawsuit against PG&E for...more

Nossaman LLP

Update: Upcoming CPUC Rulemaking to Streamline Transmission Line Permitting

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UPDATE: The Commission adopted the Proposed OIR at its May 18, 2023 voting meeting and opened Rulemaking 23-05-018. The California Public Utilities Commission (Commission) has uploaded a proposed Order Instituting...more

Nossaman LLP

Railway Fails to Establish Right to Use Eminent Domain

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In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more

Troutman Pepper

FERC Declines to Act on California Rooftop Solar PURPA Petition

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On October 25, 2022, FERC declined to act on a petition for enforcement against California’s rules for solar installations implemented pursuant to the Public Utility Regulatory Policies Act (“PURPA”). As a result, ongoing...more

Davis Wright Tremaine LLP

UPDATE: California Overhauls State Voice Surcharge System Effective April 1, 2023

*October 28, 2022 Update: On October 20, 2022, the CPUC unanimously approved a revised proposed decision. The final decision contains two important changes: (1) it moves the implementation date from January 1, 2023 to April...more

Troutman Pepper

D.C. Circuit Holds that FERC Has Exclusive Jurisdiction Over Exit Fees Charged by a Colorado Electric Cooperative

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On September 16, 2022, a panel of three judges on the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a decision in United Power, Inc. v. FERC affirming FERC’s exclusive...more

Davis Wright Tremaine LLP

California Communications Infrastructure Mid-Year Update

As predicted in our earlier post, here at the mid-way point of 2022 we have seen a number of significant regulatory developments related to communications infrastructure in California. In the first half of 2022, the...more

Downey Brand LLP

CPUC to Consider Expansion of Service Quality Standards to Internet-Based Telecommunications Providers

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The California Public Utilities Commission (CPUC) issued a Proposed Decision on March 7 that, if adopted, would expand the service quality standards that currently apply to telephone companies that provide standard telephone...more

Davis Wright Tremaine LLP

California Communications Infrastructure Update: A Look Back at Regulatory Developments in 2021

2021 was a very active year for regulatory developments related to communications infrastructure in California. Several proceedings of the California Public Utilities Commission (CPUC) were intended to: (i) enhance...more

Troutman Pepper

CAISO, CEC, and CPUC Conclude Several Factors Caused Mid-August Outages in California

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On October 6, 2020, the California Independent System Operator (“CAISO”), California Public Utilities Commission (“CPUC”), and the California Energy Commission (“CEC”) (collectively, “Joint Entities”) announced that their...more

Mayer Brown

California’s AB913 Permits Securitization for Recovery of COVID-19 Electric Utility Undercollections

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In what we understand to be the first state law to do so, California’s Assembly Bill 913 (AB913), which was enrolled on September 4, 2020, amends Section 850 of the Public Utilities Code to allow electrical corporations to...more

Davis Wright Tremaine LLP

California Strengthens Safety Standards for Overhead Facilities

In May 2020, the California Public Utilities Commission (CPUC) finalized significant changes to its General Order 95 – Rules for Overhead Line Construction (GO 95). ...more

Perkins Coie

CPUC Adopts Short-Term Actions to Accelerate Microgrid Deployment

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The California Public Utilities Commission (CPUC) on June 17, 2020, issued its Decision Adopting Short-Term Actions to Accelerate Microgrid Deployment and Related Resiliency Solutions in California. This decision represents a...more

Buchalter

California Energy Regulatory Weekly Update - June 2020

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On 12/5/19 the California Environmental Justice Alliance, Sierra Club, Defenders of Wildlife and the Public Advocates Office submitted an application for rehearing and clarification of D.19-02-007. The parties allege that the...more

Davis Wright Tremaine LLP

CPUC Proposes Longer-Term Standard Contracts for Small QFs

Since August 2018, the California Public Utilities Commission (CPUC) has been working on the development of a new standard offer contract for small power projects to sell their power to California investor-owned utilities...more

Holland & Knight LLP

Microgrids on the Rise as CPUC Seeks to Streamline Resiliency Projects

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The state of California is calling for more investments in microgrids for electric power resiliency. Spurred by a 2018 legislative effort that recognized the multitude of benefits microgrid technologies can offer (e.g., grid...more

Nossaman LLP

Governor’s 2020 Budget Signals State’s Willingness to Takeover PG&E

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Welcome to 2020! It is a new year and with every new year, comes a lot of new: new goals, new diet, new workout routines that leave every part of you sore... In the professional setting, a new year brings a lot of “chores,”...more

Nossaman LLP

Brad Kuhn Comments on California Wildfires, Inverse Condemnation

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Brad Kuhn was quoted extensively in the Daily Journal article “Century-Old Doctrine Haunts Fire Litigation.” The article provides an overview of how developments in inverse condemnation that occurred in 2019 pose numerous...more

Buchalter

California Regulatory Happenings - January 2020

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This ruling formally initiates the “procurement track” as outlined in Decision (D.) 19- 04-040. The ruling generally describes the scope and content of the procurement track, and seeks comments from parties on its framing and...more

Buchalter

California Regulatory Happenings - September 2019

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The next Commission meeting is scheduled for 9/26/19. Agenda - Items of Interest: #7 application of PG&E to revise its gas rates and tariffs (consent agenda) - #9 extension of and modifications to, the Utilities’...more

King & Spalding

The Ninth Circuit Affirms that California QF Contracts Do Not Comply with PURPA

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On July 29, 2019, the United States Court of Appeals for the Ninth Circuit issued its decision in Winding Creek Solar LLC v. Peterman et al, Case Nos. 17-17531, 17-17532 (9th Cir. July 29, 2019), which affirmed the judgment...more

Sheppard Mullin Richter & Hampton LLP

9th Circuit Says CPUC’s Standard Contract and Re-MAT Program for Certain Renewable Generators are not PURPA Compliant

In a recent opinion, the Ninth Circuit held that the California Public Utilities Commission’s (CPUC) Renewable Market Adjusting Tariff (Re-MAT) program and alternative Qualifying Facility (QF) standard offer contract...more

Buchalter

California Regulatory Happenings - August 2019

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This ruling formally initiates the “procurement track” as outlined in Decision (D.) 19-04-040. The ruling generally describes the scope and content of the procurement track, and seeks comments from parties on its framing and...more

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