On November 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued a notice of inquiry seeking comment on a broad array of issues related to FERC’s policies respecting compensation to generation owners—including conventional resources, renewable resources, and resources interconnected to the distribution system—for their reactive power capabilities (“NOI”).1  An NOI is an information-gathering proceeding used by FERC to determin Energy Stephen Hug, Rachael Novier Marsh, Catherine McCarthy, Boris Shkuta view ..read more

California is jumpstarting its planning for offshore wind.  Under newly enacted legislation, Assembly Bill No. 525 (“AB 525”), California agencies are now tasked with identifying the state’s offshore wind goals and with developing a strategic plan to address several issues that have affected offshore wind development on the Eastern seaboard, such as port infrastructure and upgrades, transmission bottlenecks, impacts to other ocean users and communities, and permitting challenges.  Kevin Ewing, Stephen Hug, Ty Johnson, Josh Robichaud, Taylor Stuart view ..read more

On July 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Advance Notice of Proposed Rulemaking (“ANOPR”) requesting comment on a broad set of potential reforms to the Commission’s regional transmission planning, regional transmission cost allocation, and generator interconnection processes.  Coming at a time of renewed focus on the need for capital investment to modernize the grid to meet the needs of a rapidly changing resource mix, the ANOPR represents a first step by the Commission to address perceived inadequacies in existing transmission planning ..read more

At the June 17, 2021 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a policy statement and an order reflecting its continued support for transmission project development and transmission investment to achieve federal and state renewable resource policy goals. I.          FERC Policy Statement on Voluntary Agreements Stephen Hug, Catherine McCarthy, Boris Shkuta, Ivan Wohner view ..read more

The February 2021 hack into Oldsmar, Florida’s water treatment system is a frightening reminder that critical infrastructure systems can be vulnerable to cyberattacks and that cyberattacks can jeopardize health and safety. In this case, the hack may have spurred government action. Philip Bezanson, Claire Cahoon, Catherine McCarthy, Joshua Zive view ..read more

On April 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its much anticipated policy statement on carbon pricing in organized markets.[1]  The non-binding policy statement provides guidance regarding the manner in which FERC will evaluate proposals submitted pursuant to Section 205[2] of the Federal Power Act (“FPA”) to establish market rules for incorporating a state-determined carbon price into organized markets operated b Stephen Hug, Michael Brooks, Craig Jones view ..read more

On March 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order on rehearing of its landmark final rule, Order No. 2222, pertaining to the participation of distributed energy resources (“DER”) through an aggregator in FERC-jurisdictional Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) organized markets.[1]  While FERC largely kept Order No. 2222 intact, Order No. 2222-A did refine and clarify certain aspects of Order No. Blake Urban, Michael Brooks, Stephen Hug, Catherine McCarthy view ..read more

On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC, 174 FERC ¶ 61,199 (2021) (“Broadview 2021”).  The order, which is highly favorable to the renewable energy industry, reversed FERC’s September 1, 2020 holdings in Broadview Solar, LLC, 172 FERC ¶ 61,194 (2020) (“Broadview Catherine McCarthy, Stephen Hug, Boris Shkuta view ..read more

President Joe Biden’s arrival at the White House in January was, as customary for any new executive branch leader, met by outsized expectations on the part of supporters and detractors alike. Among the countless areas of public policy set to be affected by the new administration, perhaps no one issue is more anticipated to be in play than energy and environmental policy. George Felcyn view ..read more

On Friday, February 12, 2021, Region 6 of the U.S. Environmental Protection Agency (“EPA”) published notice in the Federal Register at 85 FedReg 9332 (February 12, 2021) of its January 15, 2021, approval the State of Texas’ October 12, 2020 submittal to the EPA requesting partial National Pollutant Discharge Elimination System (“NPDES”) program authorization for oil and gas discharges (“Notice”). Here is the link to the Notice. Environmental Strategies Sara Burgin view ..read more