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.
In agreeing to dismiss an historic effort to enforce PURPA, the Federal Energy Regulatory Commission left a lump of coal for Qualifying Facility wind developers in Idaho. The agreement represents an apparent policy change at FERC, as well as a complete win for the Idaho PUC.… Continue Reading
Interconnection customers: be on notice. Your interconnection agreement may not be just a transmission provider service agreement that allows your project to interconnect with the transmission system. It may also be a rate schedule–your rate schedule–that you must file with FERC or suffer the consequences for violating the Federal Power Act. At last … Continue Reading
The Montana Supreme Court has reversed a December 2010 district court decision that found that the developers of the Montana-Alberta Tie Line merchant transmission project do not possess eminent domain authority under Montana law and therefore could not take private land from a nonconsenting landowner. In its reversal, the state Supreme Court cited House Bill … Continue Reading
FERC Clarifies Qualifying Facility Restrictions in Sale/Resale Transactions On May 19, the Federal Energy Regulatory Commission ("FERC") issued an order in Idaho Wind Partners I, LLC, a docket in which wind farm owners in Idaho petitioned FERC for approval of a unique transaction that would both provide eligible Renewable Energy Credits ("RECs") to a utility … Continue Reading
The Federal Energy Regulatory Commission ("FERC") is seeking comments from energy industry participants on regulatory reforms that address how FERC should regulate merchant transmission development and generator interconnection (or lead) lines. Specifically, FERC desires comments on how it should balance the requirements of open access transmission and the needs of project developers. Merchant transmission … Continue Reading
Congress’ experiment with establishing federal siting authority for transmission lines suffered another setback after a Ninth Circuit Court of Appeals decision issued yesterday, February 1, 2011, vacated the Department of Energy’s (“DOE”) 2007 Transmission Congestion Study that had designated national interest electric transmission corridors in mid-Atlantic and Southwestern states. This ruling is the latest of … Continue Reading
IN THIS EDITION: FERC opens a rulemaking on variable energy resources. FERC extends the comment deadline in the appeals by wind farms registered for transmission reliability functions. FERC denies a petition to protect priority to interconnection capacity rights. FERC Opens Rulemaking on Intra-Hour Scheduling, Forecasting Requirements, and Integration Services for Variable Energy Resources The Federal … Continue Reading
The Idaho Public Utilities Commission (PUC) has issued a straw man proposal that lays out plans to revise the surrogate avoided resource (SAR) methodology used to calculate avoided cost rates for wind generators. The "avoided cost" is the price paid to Qualifying Facilities that are selling power to Idaho utilities under the Public Utility Regulatory … Continue Reading
Sens. Jeff Bingaman (D-NM) and Sam Brownback (R-KS), with Sens. Byron Dorgan (D-ND), Susan Collins (R-ME), Tom Udall (D-NM), Mark Udall (D-CO) and others joining, announced today that they will introduce a stand-alone Renewable Electricity Standard (RES) bill. The bill will require sellers of electricity to obtain the following milestones in adding renewable energy resources … Continue Reading
I am proud to announce the publication of two white papers that focus on the issues of transmission development and broader issues facing renewable energy. These white papers were written by attorneys at Stoel Rives and were prepared at the request of the Energy Foundation, a partnership of major foundations interested in sustainable energy. The … Continue Reading
With a swift 13-page order today, FERC rejected Puget Sound Energy’s proposed wind integration rate, stating that the rate was not shown to be “just and reasonable” under section 205 of the Federal Power Act. “Changing system conditions, such as an increasing amount of wind generation described by Puget, present unique challenges that may require … Continue Reading
NV Energy issued its Spring 2010 Request for Proposals seeking new renewable resources. NV Energy hopes to use the RFP to meet its RPS requirement of serving 12% of retail load with renewable energy in 2010. Bidders should also be aware that NV Energy’s non-refundable bid deposits have changed: projects 10 MW of larger must submit a $10,000 deposit … Continue Reading
Here’s a new opportunity for renewable energy developers. The Southern California Public Power Authority has issued a request for proposals seeking renewable energy generation "with supporting infrastructure(s) as structured projects through (i) facility ownership; or (ii) power purchase agreement with ownership option(s), in one or more facilities." SCPPA is a California joint powers authority that plans … Continue Reading
In late January, FERC issued an order in response to a filing by Western Grid Development LLC that asked FERC to declare that Western Grid’s proposed battery storage devices are transmission facilities eligible for certain rate incentives. Western Grid described its battery technology as 10 to 50 MW sodium sulfur batteries that would be installed at … Continue Reading
Today, the U.S. Supreme Court issued an important ruling clarifying how the Federal Energy Regulatory Commission (FERC) must apply the Mobile-Sierra doctrine. The Mobile-Sierra doctrine informs how FERC should evaluate whether a contract rate for energy is just and reasonable, and the doctrine provides that FERC’s sole concern should be whether the contract rates being challenged … Continue Reading
The following RFPs for renewable energy and RECs came to my attention today. 1. Dayton Power and Light Company is seeking to acquire up to 313,000,000 kWh of eligible RECs by 2013 in order to meet Ohio’s RPS requirements. Deadline for submissions is August 7, 2009. Click here for more information. 2. The Western Area Power … Continue Reading
On July 16, 2009, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement on smart grid technologies, providing guidance on future smart grid interoperability standards and establishing an interim incentive rate policy that applies to near-term smart grid deployments (even those used in pilot or demonstration projects). Notably, FERC identified four technologies as being … Continue Reading
Today, San Diego Gas & Electric (SDG&E) issued a Request for Offers seeking eligible renewable resources that the utility will use to meet its California Renewable Portfolio Standard requirements. Respondents may submit one or more of three alternative proposals: Power Purchase Agreement (PPA). Respondents are asked to propose a 10, 15, or 20-year PPA for … Continue Reading
On April 10, the Federal Energy Regulatory Commission approved a request for various transmission infrastructure investment incentives submitted by Green Power Express LP (GPE), a transmission-only partnership that proposes to build a 765 kV "green superhighway" consisting of three interconnected loops in North and South Dakota, Minnesota, and Iowa. GPE’s proposal will also extend radially … Continue Reading
Among all the interesting presentations at this month’s AWEA transmission and wind workshop, American Superconductor‘s presentation about developments with superconducting transmission lines was particularly noteworthy. Superconducting direct current lines offer greater efficiency, as well as siting and aesthetics benefits, but have historically fallen victim to much higher costs when compared to traditional overhead transmission lines. … Continue Reading