Latham's Clean Energy Law Report

Tag Archives: Transmission

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

By Janice Schneider, Joel Beauvais, Stacey VanBelleghem, Jennifer Roy, and Francesca Bochner On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act went into effect. The … Continue Reading

US Fish and Wildlife Service Finalizes Eagle Rule Revision

By Sara Orr, Jennifer Roy and Francesca Bochner On December 14, 2016, the US Fish and Wildlife Service (FWS) finalized its proposed revisions to the Eagle Rule (Final Rule) and released its Record of Decision (ROD). The Final Rule allows companies and others to obtain 30-year incidental take permits under the Bald and Golden Eagle Protection … Continue Reading

The Department of Energy’s Simplified IIP Process Goes Into Effect in November

By Sara Orr, Bobbi-Jo Dobush and Francesca Bochner On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect.[i] The IIP is a voluntary, pre-application process intended to streamline and improve the permitting and siting process for qualifying electric transmission projects. In an effort to increase efficiency, the … Continue Reading

BLM Moves Forward with Phase I of Desert Renewable Energy Conservation Plan

By Marc Campopiano, Josh Bledsoe, Jennifer Roy, and James Erselius Phase I of the Desert Renewable Energy Conservation Plan (DRECP) has now been approved, paving the way for streamlined permitting and environmental review of qualified renewable energy projects on Bureau of Land Management (BLM)-administered lands in the Mojave and Colorado/Sonoran desert regions of Southern California. … Continue Reading

US FWS Announces Record of Decision Streamlining Wind Energy Permitting for the Upper Great Plains

By Sara Orr and Bobbi-Jo Dobush On July 7, 2016, the US Fish and Wildlife Service (FWS) announced its Record of Decision (ROD) for the Upper Great Plains Wind Energy Programmatic Environmental Impact Statement (PEIS).[1] This is the final step in a process that US FWS, along with Western Area Power Administration (Western), embarked upon in … Continue Reading

Energy Storage Gets a Boost from Federal and Private Sector Actions

By Michael Gergen, David Pettit and Tara Rice On June 16, 2016, the White House hosted a Summit on Scaling Renewable Energy and Storage with Smart Markets. As a backdrop to the Summit, the Obama Administration announced new executive actions and 33 public and private sector commitments intended to accelerate the grid integration of renewable … Continue Reading

California Energy Agencies Advance Renewable Transmission Line Planning

By Marc Campopiano, Jennifer Roy, and Francesca Bochner California energy agencies and key stakeholders have finished the first step of a statewide planning process to evaluate transmission needs in the state and the region. This process, called the Renewable Energy Transmission Initiative 2.0 (RETI 2.0), will culminate in recommendations to the legislature on where to … Continue Reading

6 Key Takeaways from the FWS’s Proposed Update to the Eagle Act Rules

By Sara Orr, Jennifer Roy and Francesca Bochner On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the maximum eagle take permit term from 5 to 30 … Continue Reading

Legislative Update: California Passes Groundbreaking Legislation Increasing Renewable Energy and Energy Efficiency Mandates, But Petroleum and Greenhouse Gas Reduction Measures Fail

By Marc T. Campopiano, Joshua T. Bledsoe, Douglas Porter, Danny Aleshire, Jennifer Roy and Andrew Yancey The end of the California State Legislature’s regular session for the year culminated in a frenzy of action, with Assembly members scrambling to pass dozens of bills before midnight on September 12, 2015. The California Legislature voted on a package … Continue Reading

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

By Sara Orr and Jennifer Roy On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the unintentional take of migratory birds. Reversing a district court decision and … Continue Reading

RETI 2.0: CEC and CPUC Plan for New Renewable Energy Transmission Initiative to Meet California’s Increasing Clean Energy Commitments

By Joshua T. Bledsoe, Marc T. Campopiano, and Max Friedman As California begins to turn the page on the first chapter of its efforts to combat climate change through AB 32 and to prepare for greater emissions reductions over the coming decades, the California Energy Commission (CEC) and California Public Utilities Commission (CPUC) are considering … Continue Reading

California Energy Commission Report Projects Local Electric Reliability Deficits By 2021, Potentially Triggering The Need For New Natural Gas Power Generation

By Michael Carroll, Marc Campopiano and Max Friedman The California Energy Commission (CEC) has released an August 2015 report projecting local reliability shortfalls in the Los Angeles basin planning area as early as 2021. The deficits may require new natural gas power generation to maintain grid reliability. This finding is part of the Integrated Energy … Continue Reading

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Authors: Sara Orr and Jennifer Roy On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under the Bald and Golden Eagle Protection Act (Eagle Act) from 5 years … 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

DRECP Agencies Announce Phase I Updates

By Marc Campopiano, Joshua Bledsoe, Jennifer Roy, James Erselius Phase I of the Desert Renewable Energy Conservation Plan (“DRECP”) is underway on the 9.8 million acres of public land managed by the Bureau of Land Management (“BLM”). As discussed in our previous post, the four lead agencies responsible for the plan introduced a phased approach to … Continue Reading

US Fish & Wildlife Service Proposes First-of-its-Kind Migratory Bird Incidental Take Authorizations

By Benjamin Hanelin, Jennifer Roy, and Natalie Rogers On May 26, 2015, the US Fish and Wildlife Service (FWS) announced its intent to prepare a programmatic environmental impact statement (PEIS) to evaluate the potential impacts of permits authorizing the incidental take of migratory birds under the Migratory Bird Treaty Act (MBTA).  The PEIS will address, among … Continue Reading

Agencies Modify Strategy with Desert Renewable Energy Plan Over Concerns From Local Agencies, Industry and Environmental Groups

By Marc Campopiano, Josh Bledsoe, Jennifer Roy, and James Erselius Concerns from local agencies, industry, and environmental groups over the long-awaited Draft Environmental Impact Report (“EIR”)/Environmental Impact Statement (“EIS”) for the Desert Renewable Energy Conservation Plan (“DRECP”)—a renewable energy and conservation plan covering 22.5 million acres of desert located in seven Southern California counties—have caused … Continue Reading

Desert Renewable Energy Conservation Plan to Streamline Permitting for 20,000 Megawatts of Renewable Energy

By Jennifer Roy, Marc Campopiano and Joshua T. Bledsoe On September 23, 2014, the California Energy Commission (“CEC”), California Department of Fish and Wildlife (“CDFW”), US Bureau of Land Management (“BLM”), and US Fish and Wildlife Service (“FWS”) released the Draft Environmental Impact Report (“EIR”)/Environmental Impact Statement (EIS”) for the Desert Renewable Energy Conservation Plan … 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

Presidential Memorandum Encourages Expeditious Modernization of the Nation’s Electric Grid

By Janice Schneider, Andrea Hogan, and Adam Thomas We analyzed the President Obama’s recent Memorandum aimed at modernizing and expanding the nation’s electric transmission grid on federal lands.[1] The memorandum, which also garnered a mention in the President’s newly announced Climate Action Plan, is another tool being used by President Obama to move the country towards … Continue Reading

California Energy Commission Releases Proposed Rules Allowing Biomethane to Qualify for the Renewables Portfolio Standards

By Marc Campopiano and Tim Henderson On March 11, 2013, the California Energy Commission (CEC) released a proposed Seventh Edition of the Renewables Portfolio Standard (RPS) Eligibility Guidebook (proposed Guidebook).  As we discussed in a previous blog entry, on March 28, 2012, the CEC suspended the RPS eligibility of power plants generating electricity using biomethane.  … 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

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
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