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Inflation Reduction Act
FERC Endeavors to Encourage Transmission Development in Coordination With States
At the June 17, 2021 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a policy statement and an order reflecting its continued support for transmission project development and transmission investment to achieve federal and state renewable resource...
FERC Staff Issues White Paper on Hybrid Resources; Seeks Industry Input
On May 26, 2021, Federal Energy Regulatory Commission (“FERC”) staff issued a white paper regarding the current status and use of hybrid resources – e.g., co-located generation and storage facilities – in wholesale markets, including markets operated by Regional Transmission...
FERC Issues Carbon Pricing Policy
On April 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its much anticipated policy statement on carbon pricing in organized markets. [1] The non-binding policy statement provides guidance regarding the manner in which FERC will evaluate proposals...
ESG/SEC Disclosure and Implications
If you follow the trade press, it seems that every other article of late is focused on this topic. There have been so many developments (and different takes on those developments) that it has become hard to keep track of...
FERC Reverses Broadview on Rehearing; Reinstates Focus on Output in Evaluating 80 MW Cap for QFs
On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC , 174 FERC ¶ 61,199 (2021) (“ Broadview 2021 ”). The...
FERC Refines DER Wholesale Market Participation Rules
On March 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order on rehearing of its landmark final rule, Order No. 2222, pertaining to the participation of distributed energy resources (“DER”) through an aggregator in FERC-jurisdictional Regional Transmission Organization...
FERC Delays Implementation of New MBR Database Reporting Requirements and Clarifies Obligation To Report Upstream Owners
NOTE: Since the original publication of this post, FERC has postponed the implementation of Order No. 860. Baseline filings into the new relational database are due on February 1, 2022. On March 18, 2021, in response to a petition seeking...
FERC Directs RTOs and ISOs to File Reports on Hybrid Resources
On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order directing each Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) to submit information regarding hybrid resources, or resources comprised of multiple types of generation...
FERC Seeks Industry Input on Financial Assurances for Hydro Projects
On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Inquiry (NOI) requesting industry input regarding the scope and necessity of potential financial assurances that it should impose on hydroelectric projects seeking FERC licenses...
FERC Issues Notice of Inquiry on Possible Expansion of Accounting and Reporting Requirements for Renewable Energy Assets
On January 19, 2021, the Federal Energy Regulatory Commission (“FERC”) issued a notice of inquiry to explore the treatment of accounting for certain costs associated with renewable energy assets. [1] Specially, FERC seeks comments from the public on whether FERC...
FERC Proposes Incentive-Based Rate Treatment for Cybersecurity Investments
On Thursday, December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR” or “Proposed Rule”) seeking comment on proposals that would allow public utilities to make a filing pursuant to Section 205 of the...
FERC Adopts Expanded Definition of Cogeneration QFs to Include Certain Fuel Cell Systems
On December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) adopted a final rule (“Final Rule”) [1] regarding the potential for certain fuel cell systems to attain qualifying facility (“QF”) status pursuant to Sections 201 and 210 of the Public...
FERC Offers Limited Clarifications on its PURPA Reform Order
By a November 19, 2020 Order on Rehearing, the Federal Energy Regulatory Commission (“FERC” or “Commission”) clarified a discrete set of issues arising from its landmark July 2020 order (“Final Rule”) modifying the Commission’s regulations implementing the Public Utility Regulatory...
FERC Proposes New Treatment of Fuel Cells Under PURPA
Comments for FERC’s Notice of Proposed Rulemaking on Fuel Cell Energy Output (“NOPR”) are due tomorrow, November 25, 2020. [1] In the NOPR, FERC proposes to modify its regulations for qualifying facility (“QF”) status under the Public Utility Regulatory Policies...
The Next Four Years: What Will the Clean Air Act Bring?
The Trump administration arrived four years ago with a strong deregulatory agenda, which included a number of promised changes to Clean Air Act (CAA) rules and policies. After getting off to a slow start, the Trump EPA carried out a...