Tag: renewable energy

Tax Equity Investors Wave Goodbye to FPA Section 203

Tax equity investments, and potentially other passive investments, in renewable energy just became that much easier to make.  Today, in response to a petition for declaratory order filed in January 2017 by a coalition of investors and project sponsors, FERC ruled that tax equity investments in public utilities does not trigger section 203 of the … Continue Reading

DOE Directs FERC to Enact Special Compensation Rule for Coal Power

By a notice issued yesterday, September 28, Rick Perry, the Secretary of Energy, utilized section 403 of the DOE Act to require FERC to cause organized energy market operators (ISOs/RTOs) to compensate “fuel secure generation”, i.e., coal power, for grid “resiliency”–something that apparently puts Americans at risk despite statements by NERC to the contrary or … Continue Reading

Updates to Energy Related Bills in the 2017-2018 California Legislative Session

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving bills through the legislative process since reconvening from the Summer Recess. For any bill not identified as a two-year bill, the deadline for each … Continue Reading

What is FPA Section 203(a)(1)(B)? American Transmission Company Reminded Us.

The US Treasury will soon be $205,000 richer due to the payment of a civil penalty by American Transmission Company (ATC) related to violations of sections 203 and 205 of the Federal Power Act.  ATC’s compliance failure stems from 21 transactions for which it had failed to file for authorization under section 203 and 29 … Continue Reading

Massachusetts Sets 200MWh Energy Storage Mandate

Massachusetts recently became the latest state to adopt an energy storage target, following California’s lead, and recent storage legislation in Nevada and New York. The Massachusetts storage mandate originated in the legislature last year, when the state legislature passed H.4568, which was signed by the Governor on August 8, 2016. The legislation required the state’s … Continue Reading

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos. 16-2946, 16-2949)). In doing so, the Second Circuit preserved the flexibility of states to enact programs to support renewable energy … Continue Reading

Updates to Energy Related Bills in the 2017-2018 California Legislative Session

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by which the legislature was required to pass bills out of the house of origin.  Failing to meet that deadline does not automatically … Continue Reading

Behind the Meter Energy Storage Gets a Boost in California

On April 6th, the energy storage market received a boost in California when state regulators authorized $196 million in new rebates for customers who install onsite (behind the meter) energy storage systems. Background The change occurs under the California Self Generation Incentive Program (“SGIP”). SGIP provides a financial rebate to energy customers who install new … Continue Reading

Updates to Energy Related Bills in the 2017-2018 California Legislative Session

In our first post, the Stoel Rives’ Energy Team provided a summary of energy related bills introduced by California legislators during the first half of the 2017-2018 Legislative Session. Provided below is a summary of changes to bills we have been following, as well as a list of energy related bills not included in our … Continue Reading

California Lawmakers Introduce Clean Peak Standard Legislation

Two new bills, similar in concept but differing in approach, seek to align renewable energy output with peak electricity demand. Currently, the California Renewable Portfolio Standard (RPS) requires investor-owned utilities to procure 50% of total retail sales of electricity from renewable energy resources by 2030. If enacted, the bills would expand the RPS from a … Continue Reading

New Report Identifies Cleantech Market Opportunities in Southern California

If you’re looking for a new cleantech startup idea, the San Diego Regional Energy Innovation Network (SD-REIN) recently released a report that identifies cleantech market opportunities in the Southern California region. The report, entitled “Regional Energy Technology Priorities and Needs,” was presented at an SD-REIN meeting on March 9, 2017. It will be used to … Continue Reading

California Energy Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout the two-year session and will provide periodic updates as to the status of those bills. Most noteworthy here is … Continue Reading

FERC Revises Delegation Authority While It Lacks a Quorum

Today is Commissioner Norman Bay’s last day on the job at the Federal Energy Regulatory Commission (FERC), which means that on Monday, FERC will no longer have the quorum of 3 commissioners that is necessary for it to do much of its business.  (Two other vacancies have gone unfilled for months.)  Earlier today, Acting Chairman … Continue Reading

Wyoming: Partying Like It’s 1899

Wyoming has one of the nation’s best wind resources.  But if a contingent of state senators and representatives there have their way, electric utilities located in the state will be slapped on the wrist for using it (or other renewables, for that matter).  Senate File 71, which has been introduced in the Wyoming State Senate and … Continue Reading

Oregon PUC Issues Guidance on Energy Storage Program

Actions are underway  at the Oregon Public Utility Commission (the “PUC”) to implement HB 2193, Oregon’s energy storage legislation.  HB 2193 requires that PacifiCorp and Portland General Electric (“PGE”) submit proposals for energy storage systems capable of storing at least 5 MWh of energy – with an aggregate capacity not to exceed one percent of … Continue Reading

Southern California Edison to bring 125 MW of clean energy resources to Orange County

Around the country clean energy resources, energy efficiency and demand response are quickly being adopted alongside more traditional resources. Southern California Edison (“SCE”) recently contracted for an assortment of clean energy resources that will be used in a groundbreaking attempt to see whether those resources can supply electricity to a densely populated area – Orange … Continue Reading

MN Court of Appeals Upholds PUC’s Community Solar Order

The Minnesota Court of Appeals filed its decision today affirming the Public Utilities Commission’s August 6, 2015 Order in the community solar garden proceeding, which adopted the partial settlement agreement between certain solar developers and Xcel Energy and decided several crucial aspects of Xcel’s community solar program, including the 5 MW cap on co-located gardens.  … Continue Reading

Developer Requests Clarification of Minnesota PUC’s Community Solar Garden Order

Minnesota solar developer SolarStone Partners, LLC filed a Motion for Clarification of the Minnesota Public Utilities Commission’s September 2014 Order Approving Solar-Garden Plan with Modifications. Specifically, SolarStone is requesting clarification of the Commission’s interpretation of the requirement in the Community Solar Garden Statute that a project must be located within the utility’s service territory. One … Continue Reading

Solar Electric Power Assoc. Releases Community Solar Report

The Solar Electric Power Association (SEPA) recently released a Community Solar Program Design Models report as part of a grant from the U.S. Department of Energy’s Solar Market Pathways program. The report is a resource for anyone interested in community solar, but is particularly useful to those involved in developing a community solar program in their community. The report details … Continue Reading

Xcel Energy Reports 24 Community Solar Garden Projects are Beginning Construction

Xcel Energy filed its monthly report for the Community Solar Garden program with the Public Utilities Commission last week, revealing that 24 projects are moving to the beginning stages of construction. Xcel also reports that, “after receiving over 600 applications in the surge to submit co-located projects, the pace has slowed considerably.” There are currently … Continue Reading

California Legislative Session Wrap-up

Last Friday, September 11, 2015 was the final day for California legislators to pass bills out of the Legislature and on to Governor Jerry Brown for consideration. This year’s crop of bills included something for both sides of the aisle on energy and climate change issues: from the proposed repeal of AB 32, the California … Continue Reading

New Report Ranks Power Utilities by Renewable Energy, Energy Efficiency Performance

In a first-of-its-kind report announced this morning, Ceres and Clean Edge ranked the nation’s largest electric utilities and local subsidiaries on their renewable energy sales and energy efficiency savings. The report focused on three clean energy indicators: renewable energy sales; cumulative annual energy efficiency; and incremental annual energy efficiency.… Continue Reading

Businesses and Policymakers Confirm Mexican Energy Reforms Are Gaining Momentum

Earlier this year, a group of Stoel Rives attorneys traveled to Mexico to assess existing opportunities and pending developments in the Mexican power markets.  Some of the reforms and key trends identified during that trip are now taking shape. See also my blog post “Let the Market Decide: The Third Wave of Energy Investment in … Continue Reading

Jon Wellinghoff Talks Grid Security, FERC, Smart Grid and Renewables

We wanted to invite our readers to listen in on a one-on-one conversation between our colleague Jon Wellinghoff and Marty Rosenberg, EnergyBiz editor-in-chief, July 15, noon-1 p.m. Eastern. You can register here.  Jon, the immediate past chair of FERC, helped initiate a national debate about grid security when he raised concerns in a Wall Street … Continue Reading
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