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Inflation Reduction Act
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...
LIBOR LATEST - A Temporary Reprieve for USD LIBOR?
Often referred to as “the world’s most important number”, the London Interbank Offered Rate (LIBOR) is used as the reference interest rate for a range of commercial and financial contracts worth hundreds of trillions of dollars globally. As market commentators...
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...
Post-Election Analysis from Bracewell’s Policy Resolution Group (PRG): Implications for U.S. Energy and Environmental Policy
PRG’s Scott Segal , Tim Urban and Eric Washburn led a discussion about the 2020 election outcome and the impact it will have on the Energy and Environment industries through political and policy analysis.
The PRG Pulse 2020 Post Election Webinar
Guest Speakers for the PRG Pulse 2020 Post-Election Webinar Michael Gottlieb: Former Counsel to President Obama and Senior Advisor on political-military affairs Ron Minsk: Former Special Assistant to President Obama on energy and environmental affairs at the White House National...
FERC Issues Settlement Order Reaffirming “Gaming” Prohibition in Power Markets
Last week the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreement involving High Desert Power Project, LLC (High Desert) and Middle River Power LLC. (Middle River) to resolve allegations of market manipulation in the California...
FERC Proposes Policy Statement Encouraging RTOs/ISOs to Develop Rules Incorporating State Determined Carbon Prices
On October 15, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Proposed Policy Statement regarding carbon pricing in organized wholesale electricity markets. In short, the statement would clarify that the Commission has “jurisdiction over RTO/ISO market...
Square Pegs and Round Holes
Bracewell’s Oliver Irwin and Bagyasree Nambron co-authored an article for Project Finance International (PFI) on the impact of the impending London interbank offered rate (Libor) replacement on project finance loans and their associated interest rate swaps. As market commentators and...
FERC Issues Landmark Order on Distributed Energy Resources
The Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule, Order No. 2222 , at its September 17, 2020 open meeting that aims to remove barriers for distributed energy resources (“DER”) to participate in wholesale markets regulated...
FERC Redefines QF Eligibility Requirements
On September 1, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order breaking with decades of precedent regarding how it will determine whether a renewable resource is eligible for certification as a qualifying small power production facility...
FERC Staff Report on High Voltage Transmission Development to Congress
On Friday, August 7, 2020, Federal Energy Regulatory Commission (“FERC”) Staff sent a report to Congress examining the “barriers and opportunities for high voltage transmission.” FERC Staff prepared this report in accordance with the Congressional directive contained in the 2020...
FERC Finalizes Reforms to PURPA Regulations
On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 , a final rule that the Commission explains is intended to implement its statutory mandate to update rules promulgated pursuant to the Public Utility...
Electric Transmission and Distribution Utilities and FERC COVID-19 Relief
On March 13, 2020, President Trump deemed the COVID-19 outbreak in the United States a national emergency as of March 1, 2020. [1] Due to the pandemic, certain electric transmission and distribution public utilities have experienced electricity demand that differs...
The Future of Carbon Capture, Use and Storage Projects: Tax Credits, Measurement Standards and Transaction Structures
Join Michael Gerrard , Columbia Law School Sabin Center for Climate Change Law Nigel Jenvey , GaffneyCline’s Global Head of Carbon Management and Bracewell Partner Elizabeth McGinley for a discussion regarding federal tax credits, secure geological storage and lifecycle analysis...
FERC Proposes To Limit Availability Of Tariff Waivers
At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements. [1] As discussed further below, the proposed policy statement represents...