Jessica Bayles

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Jessica Bayles is a partner in Stoel Rives’ Energy Development group, where she focuses her practice on energy regulatory support for renewable project development and transactions, compliance counseling, and regulatory controversies. Jessica counsels renewable energy developers and asset managers on compliance with the requirements of the Federal Energy Regulatory Commission (FERC). She has significant experience in complex litigation and settlement proceedings before FERC. She also advises large electric customers in state public utility commission proceedings.

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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

FERC Takes Additional Actions to Address Coronavirus Pandemic

By Jessica Bayles on Posted in FERC
On April 2, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) took several additional actions in response to the COVID-19 pandemic.  These actions supplemented FERC’s previous actions on March 19.  In addition to the actions identified below, Chairman Chatterjee highlighted two additional procedural options for obtaining more formal enforcement or compliance-related guidance: standards of … Continue Reading

FERC Updates Operations During the Coronavirus Pandemic

By Jessica Bayles on Posted in FERC
On March 19, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) announced several updates to their operations in response to the Coronavirus pandemic.  Chairman Chatterjee held a press conference and stated that FERC is fully functioning via the telework process and expects to continue to be able to complete its work considering matters … Continue Reading

FERC Issues Orders Revising Requirements for Market-Based Rate Sellers

By Jessica Bayles on Posted in FERC, Regulation
The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two orders on July 18, 2019 revising the requirements applicable to market-based rate (“MBR”) sellers.  The first, Order No. 861, lightens the regulatory requirements for MBR sellers in certain RTO/ISO-administered markets by eliminating the requirement to submit indicative screens in the horizontal market power analysis … Continue Reading

FERC Reaffirms Concurrent Jurisdiction Over PPAs in Bankruptcy

By Jessica Bayles and Richard Bonnifield on Posted in FERC
The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order on May 1, 2019 denying rehearing of its orders asserting concurrent jurisdiction with a bankruptcy court over wholesale power contracts. In January, prior to Pacific Gas & Electric (“PG&E”) filing for bankruptcy, NextEra Energy, Inc. and Exelon Corporation both filed complaints and petitions … Continue Reading

FERC Issues NOPR to Eliminate Horizontal Market Screens for Certain MBR Sellers

By Richard Bonnifield and Jessica Bayles on Posted in FERC
The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) on December 20 proposing changes to its regulations regarding the horizontal market power analysis required for market-based rate (“MBR”) sellers.  The proposed rulemaking picks up on an earlier effort in Order No. 816 to ease the regulatory burden on MBR sellers in … Continue Reading
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