Latham's Clean Energy Law Report

Tag Archives: Renewable generation

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

CAISO Proposes Flexible Ramping Product

By Michael J. Gergen, Jared W. Johnson, and Andrew H. Meyer The California Independent System Operator (“CAISO”) has taken a significant step toward proposing a new ancillary service known as the “Flexible Ramping Product” as part of its market design.  With increasing levels of variable energy resources on the CAISO-controlled grid, maintaining power balance requires … 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

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

California Energy Commission Updates Renewables Portfolio Standard Eligibility Guidebook

By Marc Campopiano and Tim Henderson On May 9, 2012, the California Energy Commission (CEC) adopted a revised Renewables Portfolio Standard (RPS) Eligibility Guidebook.  The update implements several key modifications to the RPS eligibility criteria, including but not limited to:  Incorporating changes required by Senate Bill X1-2, which raised the RPS to 33 percent by … Continue Reading

Brownfield Re-Development for Renewable Energy Projects and CERCLA Joint and Several Liability

By Taiga Takahashi A popular concept in renewable-energy-project siting is the use of contaminated properties for potential projects.  EPA’s initiative, “RE-Powering America’s Land,” reflects the federal government’s encouragement of this concept.  But the use of contaminated land presents its own risks to developers, industry, property owners, and state and local governments.  Under the Comprehensive Environmental … Continue Reading

Federal Government Seeks to Establish a Competitive Process for Leasing Public Lands for Solar and Wind Energy Development

By Janice Schneider and Joshua Marnitz Last week, the Bureau of Land Management (BLM) published in the Federal Register an Advance Notice of Proposed Rulemaking outlining a competitive process for leasing public lands for solar and wind energy development.  76 Fed. Reg. 81906 (December 29, 2011).  BLM believes that a competitive process will better enable … 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

DOE Strategic Plan Blends Immediate Clean Energy Deployment, Long-Term Innovation

The Strategic Plan released on May 10 by the U.S. Department of Energy combines a mix of aggressive short-term targets for the deployment of renewable energy and installation of energy efficiency measures and longer-term goals to drive innovation.  Key near-term objectives contained in the plan include doubling renewable energy generation in the United States by … Continue Reading

Governor Brown Signs Landmark Bill Raising California’s Renewables Portfolio Standard (RPS) to 33% by 2020

By David B. Amerikaner, Marc T. Campopiano, Michael J. Gergen, Laura Godfrey, David A. Goldberg and Jared W. Johnson On April 12, 2011, Governor Jerry Brown signed Senate Bill 2 to increase California’s Renewables Portfolio Standard (RPS) to 33% by 2020, among the most aggressive renewable energy goals in the United States.  Originally enacted in … 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

Army Corps of Engineers seeks comments on new nationwide permits (NWPs) for renewable energy projects

The Army Corps of Engineers recently proposed to reissue the existing NWPs (PDF) authorizing the discharge of dredged or fill material into waters of the United States for specified projects.  For those projects, NWPs can take the place of individual permits (PDF) under section 404 of the Clean Water Act.  Obtaining permit coverage through an … 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

FERC order in Sky River clarifies policy on non-affiliate use of generator lead lines or “gen ties”

In an order issued January 31, 2011 (Sky River), the Federal Energy Regulatory Commission (FERC) rejected a Common Facilities Agreement (CFA) negotiated between Windstar Energy, LLC (Windstar), developer of a wind generation facility in California, and Sky River LLC (Sky River), an affiliate of NextEra and part owner and operator of a 9-mile transmission line … Continue Reading
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