On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) dismissed the petition for declaratory order (“Petition”) filed by the New England Ratepayers Association (NERA) asking FERC to assert...more
On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more
10/23/2018
/ Appeals ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Electricity ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
Interstate Commerce ,
Nuclear Power ,
Out-of-State Companies ,
Power Plants ,
Preemption ,
Standing ,
States Rights ,
Subsidies ,
Utilities Sector ,
Wholesale ,
Zero Emission Credits
In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more
9/21/2018
/ Appeals ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Energy Sector ,
Federal Power Act ,
FERC ,
Nuclear Power ,
Preemption ,
Renewable Energy ,
States Rights ,
Utilities Sector ,
Wholesale ,
Zero Emission Credits
On May 17, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted in part and denied in part a request by Zeeland Farm Services, Inc. (“Zeeland”) for a waiver of FERC’s regulations requiring small...more
On September 7, 2016, the House Committee on Energy and Commerce held a hearing titled “Federal Power Act: Historical Perspectives,” exploring the development and restructuring of the wholesale energy markets over the past...more
On August 23, 2016, two Maryland electric cooperatives filed a Petition for Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to find that the Maryland Public Service Commission’s (MPSC) recently...more
On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more
6/30/2016
/ Capacity Market ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
FERC ,
ISO-NE ,
ISOs ,
NYISO ,
PJM ,
Preemption ,
RTO ,
Utilities Sector
As we previously reported, the Senate recently passed the Energy Policy Modernization Act (Act), which promotes renewable energy, improves the energy efficiency of buildings and directs investments towards the research and...more
On May 23, the United States Court of Appeals for the D.C. Circuit vacated in its entirety FERC’s controversial rule governing demand response resources in wholesale energy markets, known as “Order 745.”1 The majority...more
On February 6, 2014, the New York Association of Public Power (NYAPP) filed a second complaint (Second Complaint) against Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) asking the Federal Energy Regulatory...more
On October 1, 2013, we reported here that the Federal Energy Regulatory Commission (FERC) issued orders on August 29, 2013, assessing civil penalties against, and requiring disgorgement of profits by, Lincoln Paper and...more