Latham's Clean Energy Law Report

Tag Archives: Federal Energy Regulatory Commission

New Federal Energy Regulatory Commission Policy Statement Potentially Expands Revenue Opportunities for Electric Storage Resources

By Michael Gergen and David E. Pettit On January 19, 2017, the Federal Energy Regulatory Commission (FERC or Commission) issued a new policy statement entitled “Utilization of Electric Storage Resources for Multiple Services When Receiving Cost-Based Rate Recovery” (Storage Policy Statement or Policy Statement), which clarifies that electric storage resources may receive cost-based recovery for … Continue Reading

White House Issues Final NEPA Guidance on Climate Change

By Joshua Bledsoe, Sara Orr and Stacey VanBelleghem On August 2, 2016, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies to assess the impact of their decisions on greenhouse gas emissions (GHGs) and also how such decisions may be impacted by a changing climate (e.g., future sea level … Continue Reading

CAISO Takes Step to Allow Distributed Energy Resources to Compete in Wholesale Energy Markets

By Joshua T. Bledsoe and Douglas K. Porter On June 10, 2015, the California Independent System Operator (“CAISO”) released a draft final proposal (the “Expanded Metering and Telemetry Options Phase 2, Distributed Energy Resource Provider”) that, if finalized, would represent an initial  step towards a regulatory structure that would result in distributed energy resources (“DERs”) … Continue Reading

Bill to Streamline Federal Permitting for Major Energy and Infrastructure Projects Advances in the US Senate

By Andrea Hogan and Joshua Marnitz On May 6, 2015, the US Senate Committee on Homeland Security and Governmental Affairs voted 12-1 in favor of a bill designed to streamline the Federal permitting process for major energy and infrastructure projects. The bill, first introduced in January 2015 by Senators Rob Portman (R-Ohio) and Claire McCaskill … Continue Reading

FERC Accepts Almost All of the CAISO’s Proposed Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

By Michael J. Gergen and Marc T. Campopiano On October 16, 2014, the Federal Energy Regulatory Commission (“FERC”) issued an Order on Tariff Revisions, FERC Docket No. ER14-2574, conditionally accepting, with two substantive modifications, tariff changes proposed by the California Independent System Operator (“CAISO”) to establish new flexible resource adequacy capacity (“FRAC”) and must-offer obligation … Continue Reading

CAISO Asks FERC to Approve Tariff Changes Establishing Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

By Michael J. Gergen and Andrew H. Meyer On August 1, 2014, the California Independent System Operator (“CAISO”) filed proposed tariff changes at the Federal Energy Regulatory Commission (“FERC”) in FERC Docket No. ER14-2574 that would establish new flexible resource adequacy capacity (“FRAC”) and must-offer obligation (“MOO”) requirements aimed at ensuring that adequate flexible capacity … Continue Reading

FERC Conditionally Accepts CAISO and PacifiCorp Proposals to Implement a Regional Energy Imbalance Market in Western States

By Michael J. Gergen, Jared W. Johnson, and David E. Pettit On June 19, 2014, the Federal Energy Regulatory Commission (“FERC” or “Commission”) conditionally accepted revisions to the California Independent System Operator Corporation’s (“CAISO”) FERC Electric Tariff to implement the CAISO’s proposed Energy Imbalance Market (“EIM”) that will allow neighboring balancing area authorities (“BAAs”) in … Continue Reading

Federal Appeals Court Vacates FERC Order No. 745 On Demand Response Compensation

By Michael J. Gergen and Miles B. Farmer On May 23, 2014, the U.S. Court of Appeals for the D.C. Circuit Court issued a decision in Electric Power Supply Association v. FERC (“EPSA”) vacating and remanding FERC’s Order No. 745, which provides compensation for demand response resources that participate in the energy markets administered by Regional … Continue Reading

FERC Issues Policy Statement Providing New Guidance on Rate Incentives for Transmission Investment

By Michael J. Gergen and Jared W. Johnson On November 15, 2012, the Federal Energy Regulatory Commission (“FERC”) issued a Policy Statement to provide new guidance for applicants seeking rate incentives for new transmission infrastructure projects.  FERC’s transmission rate incentives policy stems from a package of amendments to the Federal Power Act (“FPA”) enacted by … Continue Reading

FERC Order No. 1000 Compliance Filings – Transmission Needs Driven By Public Policy Requirements

By Energy Regulatory & Markets Practice On July 21, 2011, the Federal Energy Regulatory Commission (FERC) issued Order No. 1000. As previously discussed in our Clean Energy Law Report and in a previous Client Alert, Order No. 1000 introduced several significant reforms FERC’s transmission and cost allocation processes. One key aspect of Order No. 1000 … Continue Reading

Ninth Circuit Vacates Ruby Pipeline “No Jeopardy” Biological Opinion Under the Endangered Species Act

By Janice Schneider, Buck Endemann, and Jennifer Roy On October 22, 2012, the Ninth Circuit vacated certain federal authorizations for the Ruby Pipeline, a completed natural gas pipeline running from Wyoming to Oregon.  The Court concluded that the U.S. Fish and Wildlife Service’s (Service) Biological Opinion (BiOp) failed to comply with the federal Endangered Species Act … Continue Reading

California Air Resources Board Attempts to Clarify Resource Shuffling Ahead of First Cap-and-Trade Auction

By Joshua T. Bledsoe, Tim B. Henderson, and Jared W. Johnson Seeking to quell uncertainty surrounding the definition of resource shuffling ahead of the first cap-and-trade auction on November 14, 2012, the California Air Resources Board (“CARB”) passed a Resolution on October 18, 2012, requiring the Executive Officer to redefine resource shuffling and provide concrete examples.  … Continue Reading

California Energy Commission Clarifies Renewables Portfolio Standard (RPS) Eligibility Requirements

By Marc T. Campopiano and Tim B. Henderson On August 9, 2012, the California Energy Commission (CEC) adopted a revised Sixth Edition of the Renewables Portfolio Standard Eligibility Guidebook (RPS Guidebook) to clarify changes to the RPS Guidebook Fifth Edition, which was recently adopted on May 9, 2012, as described in our prior blog discussion.  … Continue Reading

California Air Resources Board Suspends Cap and Trade Program Electricity Importer Rule

By Joshua T. Bledsoe, Tim B. Henderson, and Jared W. Johnson With the first auction in California’s cap and trade program fast-approaching on November 14, 2012, the California Air Resources Board (“ARB”) recently suspended a much-discussed aspect of the program that requires first deliverers of electricity to attest that they have not engaged in “resource … Continue Reading

Recent Guidance from FERC on the Sale of Renewable Energy Certificates

By David E. Pettit Since its decision in American Ref-Fuel Company in 2003, the Federal Energy Regulatory Commission (“FERC”) has taken the view that avoided cost power purchase agreements between a qualifying facility (“QF”) and a utility buyer under the Public Utility Regulatory Policies Act of 1978 (“PURPA”), often referred to as a “PURPA Put … Continue Reading

In Rejecting Rehearing of Demand Response Rule, Divided FERC Reaffirms Both Jurisdictional Reach and Market Efficiency Rationale

By Daniel Scripps Affirming its basis for issuing Order 745, “Demand Response Compensation in Organized Wholesale Energy Markets,” the Federal Energy Regulatory Commission (FERC) on December 15, 2011 issued Order 745-A (PDF), denying petitions for rehearing of the original Order, and making only minor clarifications to the requirements of Order 745. As was the case … Continue Reading

Roadblock to California Greenhouse Gas Cap and Trade Program Removed, but Others Remain

By Michael Feeley and Aron Potash A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources … Continue Reading

FERC Issues Final Rule on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities

By Michael Gergen, Jared Johnson and Shannon Torgerson On July 21, 2011, the Federal Energy Regulatory Commission (FERC) issued Order No. 1000 (the “Final Rule”), which reforms FERC’s transmission planning and cost allocation requirements by requiring public utility transmission providers to improve transmission planning processes and allocate costs for new transmission facilities to the beneficiaries … Continue Reading

RTOs and ISOs Prepare to Comply with FERC’s Demand Response Compensation Rule; Questions Raised Concerning FERC’s Jurisdiction

Under Federal Energy Regulatory Commission (FERC) Order 745 considering Demand Response Compensation in Organized Wholesale Energy Markets, new requirements governing payment for demand response resources must soon be implemented by Independent System Operators (ISOs) and Regional Transmission Organizations (RTOs).  As previously discussed in our Clean Energy Law Report, pursuant to Order 745 issued on March … Continue Reading

FERC Opens Comment Period on Improving Integration of Energy Storage Technologies into the Nation’s Bulk Power Grid

On June 16, 2011, the Federal Energy Regulatory Commission (FERC) issued a notice of inquiry (NOI) in Docket Nos. RM11-24-000 and AD10-13-000 seeking comment on ways to facilitate the increased market-based provision of ancillary services traditionally supplied by transmission providers that help the bulk power grid to operate more smoothly and reliably from all resource … Continue Reading

FERC issues final rule on energy payments to demand response resources in regional ISO / RTO markets

On March 15, 2011, the Federal Energy Regulatory Commission (FERC) issued a Final Rule (PDF) in its “Demand Response Compensation in Organized Markets” proceeding in Docket No. RM10-17 (Final Rule).  The new rule is intended to assure that demand response resources located in regional electricity markets administered by an Independent System Operator or Regional Transmission Organization … Continue Reading

US Chamber of Commerce study: regulatory and legal barriers to energy projects delay cleantech efforts and prevent economic growth

Clean energy projects have tremendous potential to create jobs and grow the economy and help the nation meet its energy needs in a more sustainable way, but regulatory and legal barriers to energy projects have substantially reduced job creation and economic growth while impeding efforts to bring new energy generation facilities on line, according to … Continue Reading

FERC accepts the CAISO’s revised transmission planning process and signals that some contentious rights of first refusal may survive transmission planning and cost allocation rule

By Michael J. Gergen, Jared W. Johnson, and Shannon D. Torgerson In an order issued December 16, 2010, the Federal Energy Regulatory Commission (FERC) conditionally accepted the California Independent System Operator Corporation’s (CAISO) proposed revisions to its Tariff (Docket No. ER10-1401) to implement a revised transmission planning process (RTPP) for the CAISO-controlled grid.  The CAISO … Continue Reading

Upcoming FERC technical conference on the ownership of and priority access rights to new transmission lines

On February 22, 2011, the Federal Energy Regulatory Commission (FERC) issued a Notice of Technical Conference [PDF] to be held on March 15, 2011, regarding the ownership of and priority access rights to new transmission lines.  The Notice lists a number of pending FERC dockets which relate to requests regarding ownership of and/or priority access to … Continue Reading
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