During its May 18 voting meeting, the California Public Utilities Commission (Commission) voted to open a new rulemaking proceeding that will consider improvements to its permitting procedures for electric infrastructure projects that fall under its jurisdiction.  The Commission’s action is driven by increased legislative and policy interest in reducing barriers to energy infrastructure development to meet the state’s increasing renewable energy and electrification goals, while also ensuring grid reliability.   Under the Commission’s General Order 131-D, public utilities are pro ..read more

The California Public Utilities Commission (CPUC or Commission) is weighing party comments on implementation of Assembly Bill (AB) 2143.  Enacted last year, AB 2143 will take effect on January 1, 2024.  This bill extends existing prevailing wage requirements for public works to the construction of any renewable electrical generation facility, and any associated battery storage, after December 31, 2023, if that project interconnects under the net energy metering (NEM) tariffs or net billing tariffs (NBTs).  The bill includes exceptions for:  (1) a residential facility that w ..read more

Yesterday, February 14, 2023, the D.C. Circuit issued an order affirming FERC’s order in Broadview Solar, LLC, 174 FERC 61,199 (2021) and its “send-out” approach to determining the net power production capacity of a Qualifying Facility (“QF”).  As a brief recap of the history of Broadview, Broadview filed an application for QF certification of a 160 MW solar and 50 MW battery storage system in September 2019.  The facility’s inverters limited its instantaneous export capability to 80 MW.  In a September 2020 order, the Commission denied the application, concluding that Broadview ..read more

On October 14, 2022, the assigned Commissioner (Rechtschaffen) issued a proposed decision (PD) on Transportation Electrification Policy and Investment in the pending rulemaking (R.) 18-12-006 before the California Public Utilities Commission (Commission).  Commission approval of the PD would adopt a new Transportation Electrification Framework (TEF) to guide utility investments in electric vehicle (EV) charging infrastructure and would authorize $1 billion in ratepayer funding for the first five years of the TE program, known as Funding Cycle 1 (FC1).  In recognition of the rapidly e ..read more

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take. Although the proposed rule includes other proposed revisions, the most notable change is the Service’s proposal to create general permits for certain projects and activities. Under these general permits, applicants would register with the Service, pay the required fees, and certify compliance with general permit conditions. By making general permits available to certain activi ..read more

On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 (“AB 205”), which, among various other things, expands the siting jurisdiction of the California Energy Commission (“CEC”) to include non-thermal generating facilities, such as solar and wind projects, with a capacity of 50 megawatts (MW) or more.  The CEC’s siting jurisdiction was previously limited to thermal generating facilities like gas-fired and geothermal power plants with a capacity of 50 MW or more.  In addition, AB 205 allows the CEC to have siting jurisdiction over energy storage facilities with a ..read more

At its June 16, 2022, open meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of proposed rulemaking (NOPR), Improvements to Generator Interconnection Procedures and Agreements, 179 FERC ¶ 61,194 (2022), proposing reforms to the Commission’s standard generator interconnection procedures and agreements.  The goal of the NOPR is to reduce queue backlogs and expedite the process for connecting new electric generation facilities to the transmission grid, and to do that the Commission has proposed altering its 20-year-old approach to processing interconnecti ..read more

The California Energy Commission (CEC) hosted a workshop on Tuesday, June 14 to discuss its recently issued (June 10) proposal to deploy federal electric vehicle (EV) infrastructure funding under the NEVI Program authorized by President Biden’s federal infrastructure bill signed into law late last year.[1] The CEC held the workshop in conjunction with the California Department of Transportation (Caltrans), which is jointly charged with implementing the state’s NEVI funding. After taking public comment on the draft plan (comments are due by June 28),[2] California will submit its final plan for ..read more

On May 20, 2022, the California Public Utilities Commission (CPUC or Commission) issued a proposed decision (PD) that would, among other things, adopt Southern California Edison’s (SCE) 24-hour-slice proposal as the new resource adequacy (RA) framework applicable to load-serving entities (LSEs) under the CPUC’s jurisdiction.  Generally, the proposal would require each LSE to show that it has enough capacity to meet its specific gross-load profile, including a planning-reserve margin, or PRM, for all 24 hours for the “worst day” of each month.  The “worst day” would be defined as the ..read more

During its May 18 voting meeting, the California Public Utilities Commission (Commission) voted to open a new rulemaking proceeding that will consider improvements to its permitting procedures for electric infrastructure projects that fall under its jurisdiction.  The Commission’s action is driven by increased legislative and policy interest in reducing barriers to energy infrastructure development to meet the state’s increasing renewable energy and electrification goals, while also ensuring grid reliability.   Under the Commission’s General Order 131-D, public utilities are pro ..read more