On Friday February 25, the Biden administration continued its push to achieve 30 GW of offshore wind by 2030 when the Bureau of Ocean Energy Management (BOEM) announced three Call Areas for the development of floating offshore wind in federal waters off the Oregon coast. The Call Areas, located 13.8 miles off the coast of
Oregon Department of Energy Seeks Stakeholder Input on Floating Offshore Wind Development
The Oregon Department of Energy (ODOE) is kicking off the stakeholder engagement part of its Floating Offshore Wind Study on January 20 at 9 a.m. As directed by HB 3375, ODOE is preparing a report on the challenges and benefits of integrating up to 3 gigawatts (GW) of floating offshore energy into Oregon’s grid by 2030, and it will submit that report to the legislature in September. A summary from the first part of the study, a literature review, should be released soon. Following the kickoff meeting, ODOE anticipates two more virtual meetings, as well as an opportunity to submit comments.
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California Public Utilities Commission Ruling Seeks Comments on Preferred System Plan for 2022-2032
In docket R.20-05-003, its Integrated Resource Planning (IRP) proceeding, the California Public Utilities Commission is considering its preferred portfolio of new resources for the next ten years. A lengthy administrative law judge ruling issued August 17, 2021 set out a suggested Preferred System Plan (PSP) for the proceeding, including a suggested resource portfolio through 2032,…
Biden Administration Proposes Rollback of Trump Administration Migratory Bird Rule
This post was co-authored by Stoel Rives summer associate Lydia Heye.
In May, the U.S. Fish and Wildlife Service (“Service”) announced a proposed rule revoking the Trump administration’s final rule on incidental take under the Migratory Bird Treaty Act (“MBTA”). In the January 7, 2021 final regulation, the Trump administration interpreted the MBTA’s take prohibition…
Key Energy Related Bills Introduced in the 2019-2020 Legislative Session
The 2019-2020 California Legislative Session has reached its first deadline. February 22, 2019 marked the deadline by which bills could be introduced for the first half of the Legislative Session. Lawmakers will begin Spring Recess April 12 and reconvene April 22. The last day for bills to be passed out of the house of origin is May 31, 2019.
Below is a list of some of the key bills Stoel Rives’ Energy Team will be monitoring throughout the Legislative Session. We note that some bills do not contain language beyond the “intent of the Legislature.” However, we will continue to monitor these bills in case of substantive amendments. These bills are set forth separately below under the heading “Legislative Intent.”
The majority of the bills introduced this Legislative Session relate in some way to California’s efforts to reduce greenhouse gas emissions and move to cleaner sources of generation, including legislation governing electric vehicles, energy storage, and renewable energy. A number of bills introduced in February also attempt to address the impacts of wildfires, or to reduce wildfire risk.
ASSEMBLY BILLS
AB 40 (Ting, D) Zero-emission vehicles: comprehensive strategy.
Status: Introduced December 3, 2018; referred to Committees on Transportation and Natural Resources January 24, 2019.
AB 40 would require by no later than January 1, 2021, the State Air Resources Board to develop a comprehensive strategy to ensure that the sales of new motor vehicles and new light-duty trucks in the state have transitioned fully to zero-emission vehicles, as defined, by 2040, as specified.
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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…
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…
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…
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…