Jason Johns

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Jason Johns advises independent power producers, utilities, investors, and large users of gas and power resources with matters arising in power markets and state and federal energy regulatory arenas. Jason appears regularly in proceedings before the Federal Energy Regulatory Commission and in negotiations at the ISO/RTO level, where he represents independent power developers and utilities. His experience includes negotiating major facility contracts, such as interconnection, transmission, and power purchase agreements; prosecuting disputes at FERC; and counseling and defending clients on issues related to regulatory compliance.

Jason also works closely with large commercial and industrial users of electricity and gas, such as aerospace companies, pulp and paper mills, steel mills, and tech company data centers. In that role, Jason helps clients negotiate power and gas supply contracts, interstate pipeline capacity asset management agreements, and pipeline bypass agreements. Jason has also assisted these clients with demand management agreements, the installation of on-site resources (such as battery storage, fuel cells, and solar PV), and with retail and wholesale power purchase agreements for renewable energy and other resources. Jason also serves as a board member of The Climate Trust, a national leader in carbon offset projects and innovative climate change solutions.

Jason and his wife are parents to two growing boys, and they live just outside of Portland, Oregon.

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D.C. Circuit Affirms FERC’s Broadview Order Confirming that Qualifying Facilities May Install Greater than 80 MW of Nameplate Generating Capacity

By Jessica Bayles and Jason Johns on Posted in Energy Storage, FERC
Yesterday, February 14, 2023, the D.C. Circuit issued an order affirming FERC’s order in Broadview Solar, LLC, 174 FERC 61,199 (2021) and its “send-out” approach to determining the net power production capacity of a Qualifying Facility (“QF”).  As a brief recap of the history of Broadview, Broadview filed an application for QF certification of a … Continue Reading

FERC Proposes Broad Reforms to Interconnection Process

By Melan Patel, Jessica Bayles and Jason Johns on Posted in FERC, Transmission
At its June 16, 2022, open meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of proposed rulemaking (NOPR), Improvements to Generator Interconnection Procedures and Agreements, 179 FERC ¶ 61,194 (2022), proposing reforms to the Commission’s standard generator interconnection procedures and agreements.  The goal of the NOPR is to reduce queue backlogs … Continue Reading

Updated FERC Guidance on Qualifying Facility Certifications

By Jessica Bayles and Jason Johns on Posted in FERC
FERC issued two notable orders this spring in Irradiant Partners, LP (Docket No. EL22-8-000) and Dalreed Solar (Docket No. QF20-1037-002) that provide further guidance on qualifying facility (QF) certifications.  Here are the key takeaways: QF Re-Certifications Should Be Filed Before or At the Time of a Material Change: FERC’s regulations do not contain specific guidance … Continue Reading

Solar Power Had a Big Day at FERC

By Jason Johns and Jessica Bayles on Posted in Energy Policy, FERC
Today was a big day for the solar power industry at the Federal Energy Regulatory Commission (FERC). In its monthly open meeting, FERC announced two decisions that significantly impact the industry — one involving PURPA and the other related to PJM’s Minimum Offer Price Rule (MOPR). First, FERC reversed its Broadview Solar decision issued in … Continue Reading

FERC Issues Final Rule Overhauling PURPA Regulations

By Jessica Bayles, Jason Johns and Jennifer Mersing on Posted in FERC
Yesterday, the Federal Energy Regulatory Commission (FERC) issued Order No. 872 and implemented the largest overhaul to FERC’s regulations affecting Qualifying Facilities (QFs) in more than a decade.  The order itself is 491 pages in length and there remain plenty of details to unpack in its implementation (including future proceedings to come at the FERC … Continue Reading

D.C. Circuit Affirms FERC Order No. 841, Ensuring Storage Access to Wholesale Markets

By Jessica Bayles, Jason Johns and Jennifer Mersing on Posted in FERC
On Friday, July 10, 2020, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) upheld the Federal Energy Regulatory Commission’s (“FERC”) Order Nos. 841 and 841A, which established a framework for electric storage resources’ (“ESRs”) participation in wholesale markets. The D.C. Circuit rejected the petitioners’ arguments that FERC exceeded its jurisdictional boundaries and … Continue Reading

DC Circuit Rejects FERC’s Long-Established Practice of Issuing Tolling Orders

By Jason Johns and Richard Bonnifield on Posted in FERC
On June 30, the DC Circuit struck down the Federal Energy Regulatory Commission’s (FERC) use of tolling orders to buy additional time in responding to requests for rehearing—a longstanding agency practice that had the effect of materially delaying litigants’ rights to seek judicial review of FERC’s orders.  The opinion was issued in a case that … Continue Reading

FERC Rules on Order No. 841 Compliance Filings

By Jason Johns and Jennifer Mersing on Posted in Energy Policy, FERC, Transmission
In February 2018, as part of its efforts to remove barriers for electric storage resources, the Federal Energy Regulatory Commission (FERC) issued its final rule on electric storage participation in organized markets (Order No. 841).  Order No. 841 directed Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to revise their tariffs to establish a … Continue Reading

Ninth Circuit Strikes Down California ReMAT in Winding Creek Solar Case

By Seth Hilton, Jason Johns, Sarah Kozal, Jennifer Mersing, Brian Nese and Allison Smith on Posted in California, Litigation, Solar
On July 29, 2019, the Ninth Circuit Court of Appeals affirmed the lower court’s decision in Winding Creek Solar LLC v. Peterman et al., ruling that California’s feed-in tariff for small qualifying facilities (QFs), the Renewable Market Adjusting Tariff (ReMAT), violates the federal Public Utility Regulatory Policies Act (PURPA) (Ninth Circuit Case No. 17-17531). ReMAT … Continue Reading

FERC Brushes Away Secretary Perry’s “Resiliency” NOPR, Finding It Legally Deficient

By Jason Johns on Posted in Biofuels, Biomass, Climate Change, Energy Policy, FERC, Geothermal, Legal, Nuclear, Ocean/Wave Energy, Regulation, Renewable, Solar, Wind
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 … Continue Reading

When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”

By Jason Johns and Jennifer Mersing on Posted in Biomass, Energy Policy, FERC, Legal, Nuclear, Regulation, Renewable, Solar, Wind
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 … Continue Reading

Tax Equity Investors Wave Goodbye to FPA Section 203

By Jason Johns on Posted in Energy Policy, FERC, Regulation, Renewable, Solar, Tax, Wind
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 Jason Johns on Posted in Climate Change, Distributed Generation, Energy Storage, FERC, Legal, Nuclear, Regulation, Renewable, Solar, Transmission, Wind
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

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

By Jason Johns on Posted in FERC, Legal, Regulation, Renewable, Solar, Wind
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

Maryland Passes Bill to Allow 30% State Income Tax Credit for Energy Storage

By Jason Johns and Dustin Swanson on Posted in Cleantech, Climate Change, Energy Policy, Energy Storage, Renewable, Tax
In what some commentators are calling the first of its kind, Maryland’s legislature has passed a bill that would allow taxpayers to claim a state income tax credit equal to 30% of the installed cost of an energy storage system.  The bill would cap the credit amount at $75,000 for a commercial installation or $5,000 … Continue Reading

FERC Revises Delegation Authority While It Lacks a Quorum

By Jason Johns on Posted in Energy Policy, FERC, Legal, Regulation, Renewable
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

By Jason Johns on Posted in Climate Change, Energy Policy, Environmental, Geothermal, Renewable, Solar, Tax, Wind
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

While Washington DC Wrestles with Ratings, Massachusetts Proposes 100% Renewables by 2035/2050

By Jason Johns on Posted in Climate Change, Energy Policy, Renewable, Solar, Uncategorized, Wind
Amidst all the focus in Washington DC over inauguration crowd sizes, at least one state is instead focusing on matters affecting jobs, security, and quality of life–renewable energy!  A bill (SD.1932) introduced in Massachusetts would require the state to use 100% renewable energy for electricity by 2035 and also seeks to deeply cut fossil fuels … Continue Reading

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

By Jason Johns on Posted in Renewable
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

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

By Jason Johns on Posted in FERC, Renewable, Smart Grid
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

The Price of Developing Power Projects in Kern County Just Went UP

By Jason Johns on Posted in California, FERC, Regulation, Renewable, Solar, Transmission, Wind
The East Kern Wind Resource Area (EKWRA)–it’s a mouthful–and it’s also a hotbed for renewable energy development and the location of a fight over millions of dollars among Southern California Edison (SCE), the California ISO, and independent power developers (IPPs).  Late last week, the Federal Energy Regulatory Commission (FERC) scored that fight in favor of … Continue Reading

California’s Utilities Must Lower Barriers to Energy Storage Systems

By Jason Johns on Posted in California, Energy Storage, Feed In Tariff, Regulation, Renewable, Solar
In a proposed decision issued yesterday from the California Public Utilities Commission, an administrative law judge (ALJ) determined that energy storage devices (i) that are paired with net energy metering- (NEM) eligible generation facilities, and (ii) that meet the Renewables Portfolio Standard Eligibility Guidebook requirements to be considered an "addition or enhancement" to NEM-eligible systems are "exempt from interconnection application … Continue Reading

Ameren Should LOSE the Latest Battle Over Option 1 Network Upgrade Funding in the Midcontinent ISO Region

By Jason Johns on Posted in FERC, Regulation, Renewable, Solar, Transmission, Wind
Ameren is dusting off a discriminatory method for interconnection customers to fund network upgrades in the Midcontinent ISO region, using two past victories in support of its campaign. But there are key differences between this dispute and those before it, and FERC should deny Ameren's latest attempt to breathe life into the Option 1 funding that met its fate years ago.… Continue Reading
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