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
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
Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by which the legislature was required to pass bills out of the house of origin. Failing to meet that deadline does not automatically … Continue Reading
Earlier this year, a group of Stoel Rives attorneys traveled to Mexico to assess existing opportunities and pending developments in the Mexican power markets. Some of the reforms and key trends identified during that trip are now taking shape. See also my blog post “Let the Market Decide: The Third Wave of Energy Investment in … Continue Reading
FERC issues a proposed rulemaking that impacts the owners of gen-tie lines, and the rulemaking is particularly important to renewable energy developers who are interested in maintaining priority to gen-tie capacity for multi-phase projects.… Continue Reading
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 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
The Minnesota State Legislature is currently debating a bill that would ease the regulatory burden on independent power producers looking to export wind and solar energy generated in Minnesota. Minnesota law currently prohibits the construction of a large energy facility without the issuance of a certificate of need by the Minnesota Public Utilities Commission. This … Continue Reading
If you are drafting a liquidated damages clause that applies Texas law, a decision today by the Supreme Court of Texas might encourage you to hire an oracle. Because if you negotiate a liquidated damages provision in a "second-look" state without using the power of divination, you may be surprised when a once-reasonable estimate of damages becomes unenforceable because of subsequent changes in the market.… Continue Reading
Qualifying facility interconnection conversions can be an effective way to bypass the interconnection queue, even during a repower. But there are groundrules to a conversion, and today FERC applied those rules and determined that qualifying facility owners may not be entitled to as much converted capacity as they might think.… Continue Reading
For those companies owning generation on the Bonneville Power Administration system, mark your calendars for March 15, 2014. That’s the day by which you must submit your facility displacement costs for Bonneville’s implementation of its Oversupply Management Protocol (aka Environmental Redispatch) that provides compensation for certain generator curtailments. The failure to submit facility displacement costs … Continue Reading
Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the company to divest itself of its interest in four wind farms in Oregon. We have previously reported on the order, which was issued … Continue Reading
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
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
Xcel Energy, the nation’s leading wind power utility, announced yesterday that it will add three large wind farms to its wind energy portfolio. The 600 megawatt increase is the utility’s single largest increase in its Upper Midwest service area. The 33 percent increase will augment Xcel’s existing 1,800 megawatts of wind capacity and allow it … Continue Reading
On April 10, President Obama fired the starting gun when he submitted to Congress his budget request for the 2014 fiscal year. The budget contains numerous proposals that are intended to make the U.S. "the leader in the clean energy sector and bring about a clean energy economy with new companies and jobs." According to … Continue Reading
The IRS recently announced that the production tax credit (“PTC”) will be more valuable in 2013. In the April 3, 2013 edition of the Federal Register, the IRS issued an important piece of guidance for those in the renewable energy field, stating that the PTC incentive would increase for the 2013 calendar year, from 2.2 … Continue Reading
The Minnesota State Legislature’s attempt to expand the amount of electricity that utility companies secure from renewable energy sources cleared a major hurdle recently, as H.F. 956 was included in the House omnibus energy bill. H.F. 956 proposes to increase Minnesota’s renewable energy standard (“RES”) to 40% by 2030. The current standard requires that Minnesota’s … Continue Reading
South Dakota’s gusty plains are well known for their pheasant hunting potential. Indeed, one is much more likely to see a pheasant utilizing the breeze to sail out of harm’s way than a turbine harnessing the wind to power a home or business. Despite ranking in the top five states for best wind resources, South … Continue Reading
There has been a new development in the effort by Ralls Corporation, a company owned by two Chinese nationals, to challenge President Obama’s September 2012 order requiring it to divest its interests in four wind projects in Oregon and to remove any equipment and infrastructure it had placed on the sites of the proposed projects. … Continue Reading
The Committee on Foreign Investment in the United States (CFIUS) recently issued its 2012 Annual Report to Congress. My colleague CJ Voss has summarized some of the report’s key findings. CFIUS is charged with reviewing acquisitions of U.S. businesses for national security implications. As we reported last fall, President Obama blocked Chinese-owned Ralls Corporation’s acquisition of wind farm … Continue Reading
On October 29, 2012, the U.S. Justice Department filed a motion to dismiss the lawsuit filed by Ralls Corp (“Ralls”), an affiliate of Chinese-owned Sany Group, challenging President Obama’s September 28, 2012 order that blocked four planned Oregon wind projects on national security grounds. See our previous posts for more background on the Ralls Corp. … Continue Reading
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
Via my colleague Thomas Braun: Earlier this week, the Minnesota Court of Appeals weighed in on a long-running dispute between the City of Orono and city resident Jay Nygard over the installation of a small wind turbine on Mr. Nygard’s property. The dispute began two years ago when the city denied Mr. Nygard a permit … Continue Reading
