Tag: FERC

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

Generator Receives Another Shot at Obtaining CAISO Congestion Revenue Rights

On April 4, 2017 (NextEra Desert Center Blythe, LLC v. FERC, Case No. 16-1003 (“NextEra”)), the DC Circuit issued a decision remanding back to the Federal Energy Regulatory Commission (“FERC”) orders denying NextEra Desert Center Blythe, LLC’s (“NextEra”) complaint against the California Independent System Operator Corporation (“CAISO”) regarding the allocation of congestion revenue rights (“CRRs”) … Continue Reading

California Energy Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout the two-year session and will provide periodic updates as to the status of those bills. Most noteworthy here is … Continue Reading

FERC Revises Delegation Authority While It Lacks a Quorum

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

U.S. Supreme Court Upholds FERC Demand Response Rule in Energy Story of the Year

In the biggest consumer energy story of the day, and perhaps the decade, the U.S. Supreme Court today upheld FERC’s jurisdictional authority in FERC Order 745. Read the Decision here (PDF). The so called Demand Response Rule permits consumer energy products and services, such as demand response, to participate in wholesale energy markets, and to … Continue Reading

SCOTUS Entertains Oral Argument on FERC Order 745, the “Demand Response” Rule

The U.S. Supreme Court heard oral argument this morning in FERC v. Energy Power Supply Association. At issue is the validity of FERC’s Order 745, the so-called “demand response” compensation rule. Full text of the rule (PDF). As some of our readers may recall, I was FERC Chairman when Order 745 was issued. While the legal arguments got … Continue Reading

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

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

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

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

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

Raising the Bar For Interconnection In the Southwest Power Pool

Like other Independent System Operators have done before it, the Southwest Power Pool (SPP) is back at the drawing board in an effort to further refine its generator interconnection procedures and improve on queue reforms initially put in place in 2009.  And also like other ISOs that have continued to tinker with queue reform, SPP … Continue Reading

Post-Conference Report: Solar Power International 2013

Thousands of solar industry participants gathered in Chicago for the Solar Power International expo in Chicago, Illinois on October 21-24 to discuss the state of the solar industry. Participatnts included banks, investors, developers and equipment suppliers, and also several Stoel Rives attorneys. Many themes emerged during the week-long event, and a common thread running through these … Continue Reading

Rate Schedules Galore! FERC’s Decision in Chehalis Power Generating, LP

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

Blog: FERC Chair Jon Wellinghoff to Join Stoel Rives

Our firm today announced that Jon Wellinghoff, Chair of the Federal Regulatory Commission (FERC), will join Stoel Rives LLP upon completion of his service at FERC. As many of our readers will recall, Jon submitted his resignation to the President on May 28, 2013. No date has been announced for his departure from FERC. For … Continue Reading

Recent Seventh Circuit Decision Could Impact Minnesota’s Coal Moratorium

 The United States Court of Appeals for the Seventh Circuit recently issued a decision in Illinois Commerce Commission, et al., v. Federal Energy Regulatory Commission (“FERC”), which has the potential to influence and provide direction for the federal district court currently considering the constitutionality of Minnesota’s Next Generation Energy Act (“NGEA”).  In Illinois Commerce Comm’n, … Continue Reading

7th Circuit Affirms FERC’s Decision on Multi-Value Projects, Relying Heavily on Policy of Promoting Wind Development

From my colleague, Andrew Moratzka: On June 7th, 2013, the United States Court of Appeals for the Seventh Circuit issued an opinion in Illinois Commerce Commission, et al., v. Federal Energy Regulatory Commission, affirming the Federal Energy Regulatory Commission’s approval of the Midcontinent Independent System Operator, Inc. (MISO) Multi-Value Project (MVP) tariff for financing new … Continue Reading

Renewables Account for All New U.S. Electricity Generating Capacity Added in September

In September 2012, all new electricity generation came from solar and wind projects, according to the Energy Infrastructure Update (PDF) issued by the Federal Energy Regulatory Commission’s Office of Energy Projects. Five wind projects totaling 300MW and 18 solar projects totaling 133MW came online during the month. The Energy Infrastructure Update also noted that nearly … Continue Reading

FERC Confirms That Its “One-Mile” Rule is a Safe Harbor for Establishing Separate Qualifying Facilities

An update from Marcus Wood, Jennifer Martin & Jason Johns: The Federal Energy Regulatory Commission’s (FERC) regulations provide that, for purposes of calculating a qualifying facility’s net capacity, generating facilities are considered together as a single qualifying facility if they are located within one mile of each other, use the same energy resource, and are owned … Continue Reading
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