News & Analysis as of

Severe Weather Electricity

Locke Lord LLP

Texas Supreme Court Issues Electric Opinion on PUC Orders During Winter Storm Uri

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On June 14, 2024, the Supreme Court of Texas issued a pivotal opinion concerning the actions of the Public Utility Commission of Texas (Commission) during 2021’s Winter Storm Uri. In Public Utility Commission of Texas v....more

McGuireWoods LLP

Texas Supreme Court Hears Oral Argument in Major Winter Storm Uri Case

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In February 2021, winter storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial, industrial and residential...more

Steptoe & Johnson PLLC

FERC and NERC Issue Joint Recommendations in Response to Winter Storm Elliott Potentially Impacting Well Head to the Burner Tip

On November 7, 2023, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) issued a joint report including recommendations targeting the natural gas industry from the...more

Gray Reed

Retail Electricity Customers Denied Relief from Uri

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In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

Cornerstone Research

Estimating Counterfactual Prices in Energy Markets

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The use of factual/counterfactual comparisons—that is, estimating the difference between what actually happened and what would have happened absent an event—is a fundamental tool in the economists’ work box in the context of...more

McGuireWoods LLP

Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas

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On Sept. 29, 2023, the Supreme Court of Texas announced it will review a lower court’s reversal of two winter storm Uri orders by the Public Utility Commission of Texas (PUCT), which date back to 2021. During the historic...more

Foley Hoag LLP - Energy & Climate Counsel

ISO New England Publishes Winter Weather Study Results Through 2032 & Seeks Input Regarding Further Analysis

On August 15, 2023, ISO New England (ISO-NE) presented preliminary results for an extended timeframe through Winter 2032 as the next phase in its ongoing exploration of potential resource adequacy impacts during extreme...more

Troutman Pepper

FERC Directs NERC to Develop New Transmission Planning Reliability Standard; Directs Transmission Providers to Submit One-Time...

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On June 15, 2023, FERC issued two final rules aimed at boosting bulk power system resilience by improving how grid operators assess and plan for extreme weather impacts to the transmission system. One rule directs NERC to...more

Bricker Graydon LLP

Hospital Microgrids get the Go-Ahead from the Centers for Medicare and Medicaid Services

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With patient health at stake, a power outage poses major risks to hospitals. Emergency backup power systems are essential for hospitals when prolonged power outages occur. Although advances in technology have expanded options...more

Holland & Knight LLP

FERC Requires Transmission Providers to File Extreme Weather Assessments

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The Federal Energy Regulatory Commission (FERC or Commission) on June 15, 2023, finalized a rule requiring interstate electric transmission providers to file one-time informational reports assessing the susceptibility of...more

Husch Blackwell LLP

FERC Approves Two New Extreme Cold Weather Reliability Standards and Directs Further Modification

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On February 16, 2023, the Federal Energy Regulatory Commission (“FERC”) issued an order approving two extreme cold weather reliability standards: EOP-011-3 (Emergency Operations) and EOP-012-1 (Extreme Cold Weather...more

Troutman Pepper

FERC Approves Extreme Cold Weather Reliability Standards in Response to Winter Storm Uri

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On February 16, 2023, FERC approved two new extreme cold weather Reliability Standards—EOP-011-3 (Emergency Operations) and EOP-012-1 (Extreme Cold Weather Preparedness and Operations)—filed by the North American Electric...more

Jackson Walker

Three Key Provisions in New “Weatherization” Rules by Railroad Commission of Texas

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In the aftermath of Winter Storm Uri, the Texas Legislature in Senate Bill 3 (2021) required the Railroad Commission of Texas to adopt rules requiring certain pipeline facility operators to weatherize equipment in order to...more

Woodruff Sawyer

Public Safety Power Shutoffs in California: Risk Management Tips and Resources

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To help prevent wildfires during extreme weather conditions, California electric utility companies have adopted the use of Public Safety Power Shutoffs (PSPS). Beginning in 2017, PSPS have been utilized to reduce the risk of...more

Flaster Greenberg PC

2021 In Energy - The Year We Seem To Travel On Separate Planets

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If 2020 was the year of the great energy disconnect, 2021 was the year the people carrying out the energy debate appeared to be living on different planets, floating aimlessly through time and space and never intersecting...more

Troutman Pepper

FERC and NERC Issued Final Report on the 2021 Winter Freeze

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On November 16, 2021, staff from FERC, the North American Electric Reliability Corporation (“NERC”), and certain Regional Reliability Entities issued a final report on the 2021 winter storms that severely impacted the bulk...more

Husch Blackwell LLP

Texas Winter Readiness Update – November 10, 2021

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On November 10, 2021, ERCOT held a workshop on Generation Entity Winter Weather Preparedness. At this workshop, ERCOT provided an explanation of its approach to implementing the Public Utility Commission’s Winter Emergency...more

Vinson & Elkins LLP

After the Storm: Public Utility Commission of Texas Adopts New Winter Weatherization Rule Requirements for ERCOT-based Generators...

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In the aftermath of Winter Storm Uri, the Texas Legislature passed Senate Bill 3, which, among other things, required the Public Utility Commission of Texas (“the Commission”) to adopt certain market-related rules. A key...more

King & Spalding

Winter Weather Readiness Requirements for Generation Entities in Texas

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With winter coming, many are questioning whether Texas will be able to avoid another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. While regulators have known the causes of the...more

Husch Blackwell LLP

FERC and NERC Take Action on Winter Readiness

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As the cold weather season approaches, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) are taking action to prevent a repeat of the devastating electric power...more

Husch Blackwell LLP

Legislative Check-In on Energy-Related Mandates from the 87th Regular Session

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During the 87th regular legislative session, the Texas Legislature passed several bills to address energy-related issues resulting from Winter Storm Uri. Together, the legislation required an overhaul of the ERCOT board of...more

Jones Day

FERC, NERC Outline Proposed New Reliability Standards Following the February Winter Storm

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The Federal Energy Regulatory Commission's ("FERC") Office of Electric Reliability and Enforcement and the North American Electric Reliability Corporation ("NERC") staff presented a series of findings and preliminary...more

Holland & Knight LLP

FERC and NERC Issue Critical Report on February 2021 Freeze

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At the open monthly meeting of the Federal Energy Regulatory Commission (FERC) on Sept. 23, 2021, a joint team composed of the staffs of FERC, the North American Electric Reliability Corporation (NERC) and NERC's various...more

Jones Day

FERC Approves New Cold Weather Reliability Standards

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On August 24, 2021, the Federal Energy Regulatory Commission ("FERC") approved new cold weather electric reliability standards proposed by the North American Electric Reliability Corporation ("NERC"). The standards will apply...more

Mayer Brown

Texas Commission Proposes New Generator, Utility Weather Requirements and Opens Fast-Track Rulemaking Proceeding

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The Public Utility Commission of Texas (PUCT) has issued draft regulations to implement new electric weather-related requirements set forth in Texas Senate Bill 3 (SB 3), which was enacted in response to what the PUCT...more

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