Latham's Clean Energy Law Report

Tag Archives: FERC

Wholesale Capacity Market in New England Aims to Better Accommodate State-Sponsored Generation Resources

The regional transmission organization’s proposal seeks to reconcile the increasing deployment of state-sponsored subsidized clean energy resources with competitive forward auctions. By Michael Gergen and Tyler Brown Proposed New Auction Process in New England The ISO New England Inc. (ISO-NE), the regional transmission organization serving Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont has filed proposed … Continue Reading

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

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

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
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