The California Public Utilities Commission (CPUC or Commission) is weighing party comments on implementation of Assembly Bill (AB) 2143. Enacted last year, AB 2143 will take effect on January 1, 2024. This bill extends existing prevailing wage requirements for public works to the construction of any renewable electrical generation facility, and any associated battery storage
CFTC Proposed Rule Benefits Certain Financially-Settled Offtake Arrangements
On February 20, 2020, the Commodity Futures Trading Commission (CFTC) unanimously approved a proposed rule that would revise certain reporting requirements for financially-settled offtake contracts that qualify as “swaps” under the Commodity Exchange Act (as amended by the Dodd-Frank Act), such as proxy revenue swaps, fixed-volume price swaps and certain virtual PPAs. Many counterparties to…
FERC Brushes Away Secretary Perry’s “Resiliency” NOPR, Finding It Legally Deficient
In a move that was widely anticipated across the energy industry, the Federal Energy Regulatory Commission (FERC) today issued an order that terminated a notice of proposed rulemaking that had been initiated in October 2017 in response to a demand by Energy Secretary Rick Perry that FERC enact rules to compensate certain resources for what…
When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”
Or so Secretary Rick Perry and the DOE would have us believe. Approximately three weeks ago, the DOE made its pitch to FERC and the energy industry that a lack of “resiliency” threatens the U.S. power grid. The responses are in. And the shock and bewilderment that immediately followed the release of the Secretary’s surprising…
U.S. EPA Moves to Repeal Clean Power Plan
In a much-anticipated move, the U.S. Environmental Protection Agency (EPA) is proposing repeal of the Clean Power Plan (CPP). The draft proposed rule outlines EPA’s revised interpretation of its authority under Clean Air Act section 111(d) to regulate greenhouse gas (GHG) emissions from power plants only within the fenceline. EPA concludes in the proposed rule…
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…
ITC Prepares to Vote on the Suniva/SolarWorld proceeding re Crystalline Silicon Photovoltaic Cells
As we approach the critical September 22 vote of the U.S. International Trade Commission (ITC) for the U.S. solar industry, here is a brief review of how we arrived at this point and what to expect. This vote will constitute the injury determination in the ITC global safeguard investigation into the effect of imported crystalline silicon photovoltaic (CSPV) products on the U.S. domestic solar manufacturing industry.
As reported widely in the solar industry press, on August 15, 2017, the ITC in Washington D.C. conducted a public hearing for the injury phase of the trade investigation (Inv. No. 201-075) into CSPV product imports. The hearing generated more than 400 pages of hearing transcript and thousands of pages of briefing materials and statements submitted both in support and in opposition of the need for trade protection remedies to support the U.S. domestic solar manufacturing industry. A public version of some hearing testimony is available here. The stakes are high. This investigation could lead to increased tariffs, quotas, or both, against all U.S. imports globally of CSPV cells whether or not partially or fully assembled into other products. CSPV cells are the most common form of raw power-generating material used in solar panels. This investigation is being conducted pursuant to U.S. trade statutes and U.S. obligations under the World Trade Organization (WTO) terms of the Agreement on Safeguards.
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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…
California Court of Appeals Upholds California’s Cap-and-Trade Program
On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on carbon emissions and auctions allowances that permit companies to release greenhouse gases into the atmosphere. Covered entities are generally large emitters of greenhouse gases, who under the program must surrender emissions allowances or offset credits to cover their emissions, or face monetary penalties or other negative consequences. Auctions are a key component of how California expects to meet its targets to reduce emissions to 1990 levels by 2020, and 40 percent below 1990 levels by 2030.
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Likely and Potential Impacts of Yesterday’s Energy Independence Executive Order
As a follow up to yesterday’s post, President Trump’s Energy Independence Executive Order (the “Order”) has now been posted on the White House website, a summary of which can be found here. Over the last week, many pundits and industry insiders have speculated on its contents, with many having a fairly clear crystal…