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Grid of the Future? FERC Opens the Door to Aggregation of Distributed Energy Resources

On September 17, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2222, which paves the way for aggregated distributed energy resources to participate in the nation’s “organized” wholesale electricity...more

Trump Administration Nominates Two to FERC, Could Restore Commission to Full Strength

On July 27, 2020, President Trump nominated Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). If approved by the Senate, the nominations would return the Commission to full...more

Two Nominations Could Return FERC to Partisan Balance

On July 27, 2020, President Trump nominated Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). If approved by the Senate, the nominations would return the Commission, which...more

7/30/2020  /  Energy Sector , FERC , PURPA , Utilities Sector

FERC Adopts Final Rule on PURPA Reform Putting Long-Term Renewable Energy Contracts at Risk

On July 16, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 872, its Final Rule comprehensively rewriting its regulations for implementing the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Pacific Northwest Utilities Seek Thousands of Megawatts of New Renewable and Non-Emitting Energy: A Huge Opportunity for...

Driven by the need to comply with ambitious state targets for reduction of greenhouse gases in the utility sector, the recent and planned retirement of much of the region’s coal fleet, and the capacity deficits that are...more

D.C. Rejects Routine FERC Practice of Tolling Rehearing, Forcing Drastic Changes in FERC Practice

On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit), acting as an en banc panel, rejected Federal Energy Regulatory Commission’s (FERC) long-standing practice of issuing tolling...more

FERC Schedules Technical Conferences on Offshore Wind and Carbon Pricing to Address Issues Critical to Renewable Energy

The Federal Energy Regulatory Commission (FERC) has announced two technical conferences that are likely to lay the groundwork for future federal policy related to renewable energy development and decarbonization of the grid....more

Oregon Appeals Court Confirms Water Rights for Hydroelectric Power

Drawing on the long history of Oregon water rights, the Oregon Court of Appeals on June 10, 2020, issued an opinion in WaterWatch of Oregon v. Water Resources Department that carries significant implications for hydroelectric...more

FERC Adopts New Rules for Pipeline Certificate Orders to Address Concerns of D.C. Circuit

On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued new rules designed to address concerns expressed by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) about abuse of landowner...more

Declaring National Emergency, President Trump Orders Restrictions on Electrical Equipment Supplied By “Foreign Adversaries”

In an Executive Order issued on May 1, 2020, President Trump declared that the unrestricted supply of electrical equipment from foreign countries represents an “unusual and extraordinary threat to the national security,...more

Seattle Launches Energy Efficiency as a Service Program, Encouraging Deep Energy Efficiency Building Retrofits

Based on the success of the Metered Energy Efficiency Transaction Structure (MEETS) developed at Seattle’s Bullitt Center, the Seattle City Council adopted an ordinance last year directing Seattle City Light (City Light) to...more

D.C. Circuit En Banc Review of FERC Tolling Orders Could Have Profound Implications for Infrastructure Projects Requiring FERC...

On March 20, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit), sitting en banc, will hear arguments challenging the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders.”...more

FERC Proposes the First Comprehensive Reform of its PURPA Regulations Since 1980: Renewables Under the Gun?

On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to comprehensively rewrite its rules for implementing the Public Utility Regulatory Policies Act...more

Ninth Circuit Strikes a Blow for PURPA: Winding Creek Solar LLC. v. Peterman

On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Winding Creek Solar LLC v. Peterman et al. (Nos. 17-17531 & 32) strongly upholding core principles of the Public Utility Regulatory...more

Washington Agencies Initiate Rulemaking Processes for Implementing Washington’s New Clean Energy Legislation

On July 30, the Washington Utility and Transportation Commission (UTC) and Department of Commerce (Commerce) will initiate the lengthy process of developing administrative rules to implement the newly-enacted Clean Energy...more

New Washington Legislation Drives Energy Conservation in Commercial Buildings

As part of its comprehensive effort to reduce greenhouse gas emissions in Washington, the 2019 legislature adopted a new measure, HB 1257, aimed at reducing greenhouse gas emissions from Washington’s commercial building...more

Washington Clean Energy Transformation Act Establishes Aggressive Mandates for Grid Decarbonization and Renewable Energy...

After several years of fruitless effort, Washington’s 2019 legislature passed and Governor Inslee signed the Washington Clean Energy Transformation Act (CETA), which requires Washington’s electric utilities to phase out...more

Seattle’s Energy Efficiency as a Service Pilot Program Promises Major Benefits for Building Owners, Utilities, and Conservation

Based on the success of the Metered Energy Efficiency Transaction Structure (MEETS) developed at Seattle’s Bullitt Center, the Seattle City Council last year adopted an ordinance directing Seattle City Light to enter into...more

Washington UTC Finalizes New PURPA Rules Creating New Opportunities for Renewable Energy Developers

After a lengthy administrative process, the Washington Utilities & Transportation Commission (UTC) on June 12, 2019, issued an order adopting final rules that implement the must-purchase requirements of the Public Utilities...more

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