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DOER Releases SMART 3.0 Program Emergency Regulations – Public Comments Due July 25, 2025

On June 20, 2025, the Massachusetts Department of Energy Resources (“DOER”) filed emergency regulations for the SMART 3.0 Program, the newest iteration of DOER’s Solar Massachusetts Renewable Target (“SMART”) tariff-based...more

MA Files Draft RFP for 1500 MW Energy Storage DPU Requests Comments by May 30

Massachusetts recently stepped closer to its first major solicitation for long-term energy storage contracts under its new Section 83E authority. On May 5, the MA Department of Energy Resources (DOER), in partnership with the...more

FERC to Rule on ISO New England’s Interconnection Reforms This Week

On March 31, 2025, FERC signaled that it will rule on ISO New England’s proposed interconnection reforms this week—on or before Friday, April 4. In May 2024, ISO New England filed proposed tariff revisions at FERC in...more

Coming Soon? Rules for Co-Locating Data Centers and Generators in PJM

Some of the biggest questions—and opportunities—facing the electric power sector in 2025 revolve around data centers and how to power them. The U.S. Department of Energy projects that the share of the nation’s electricity...more

“Exigent Circumstances:” ISO-NE and the NYISO Scramble to React as an Electricity Trade War Heats Up at the U.S.-Canada Border

U.S. grid operators and policymakers are rushing to prepare for the Trump Administration’s threatened tariffs on imported Canadian electricity and the Canadian reaction, an unprecedented state of affairs disrupting one of the...more

2024 Clean Energy Act Promotes Energy Storage Deployment Across Massachusetts

On November 21, 2024, Massachusetts Governor Maura Healy signed into law sweeping clean energy legislation (St. 2024 c. 239, An Act Promoting a Clean Energy Grid, Advancing Equity and Protecting Ratepayers, referred to here...more

2024 Clean Energy Bill Addresses Massachusetts Natural Gas Policies

As a further update to our blog series on the landmark 2024 Massachusetts Clean Energy Bill, this post summarizes some changes to Massachusetts law affecting natural gas use. Previous posts addressed how the Clean Energy Bill...more

2024 Clean Energy Bill Introduces Embodied Carbon Reduction Plan

This is another installment of our blog series on the landmark 2024 Massachusetts Clean Energy Bill, signed into law on November 21, 2024. Previous posts addressed how the Clean Energy Bill aims to transform the deployment of...more

Massachusetts Permitting and Siting Reform is On the Way! What Does That Mean For Your Projects?

On November 20, 2024, Massachusetts Governor Maura Healey signed “An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers,” into law as Chapter 239 of the Acts of 2024. Among other things, the new...more

Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more

Massachusetts DPU Approves Utilities’ Electric Sector Modernization Plans

On August 29, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a highly anticipated order approving the Electric Sector Modernization Plans (“ESMPs”) filed by the three Massachusetts electric distribution...more

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become...more

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission...more

DPU Issues Long-Anticipated Net Metering Ruling

On February 15, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a much-anticipated order in docket D.P.U. 21-100 that finally promulgates regulations (220 CMR 18.00) to implement 2021 statutory changes...more

FERC Extends Order No. 2023 Interconnection Rule Compliance Filing Deadline to Spring 2024

On October 25, 2023, the Federal Energy Regulatory Commission (FERC) issued an order extending the deadline for Transmission Providers to submit compliance filings to implement the requirements of FERC’s Order No. 2023, which...more

EFSB Tentative Decisions Decline Jurisdiction over Battery Energy Storage Systems

In tentative decisions issued on April 26, 2023 (here and here), the Massachusetts Energy Facilities Siting Board (EFSB) proposes to conclude that it lacks jurisdiction under current laws to review battery energy storage...more

There’s a big difference between mostly dead and all dead.

Sometimes, “mostly dead” is just a pause before successfully storming the castle. On July 14, Governor Baker vetoed the climate bill that passed the Massachusetts Legislature on July 4 with overwhelming support... I couldn’t...more

Major Climate Bill Recommits Massachusetts to Climate Goals

On January 4th, as the legislative session came to a close, both houses of the Massachusetts legislature passed “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy.” My colleague, Seth Jaffe, posted on...more

Deadline Approaching for Comments on Proposal to Reform Distribution System Planning and Allocation of Interconnection Costs

When the Massachusetts DPU opened docket DPU 20-75, I described it as a proposal to fundamentally change system planning and cost allocation in Massachusetts. The interconnection process in Massachusetts has been a perpetual...more

Department of Public Utilities Proposes Rethink for Distribution System Planning and Interconnection Costs

On October 22, the Massachusetts DPU issued an Order opening a new docket (DPU 20-75) that seeks comments on a proposal to shake up the way the electric distribution system is planned and paid for in Massachusetts. As I see...more

Massachusetts Implements a Clean Peak Standard

On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020. The final regulations are...more

Massachusetts Department of Public Utilities Investigates Advanced Metering and Time-Varying Rates for Customers with Electric...

On July 2, 2020, the Massachusetts Department of Public Utilities launched an “Investigation into the Modernization of the Electric Grid – Phase Two.”  In this investigation, the DPU will look again at deploying advanced...more

D.C. Circuit Decision Upholds Access to Wholesale Markets for Energy Storage Resources, but Will More Litigation Follow?

On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources.  Challengers had contended that by prohibiting states from barring...more

More Detail on the Massachusetts DG Interconnection Docket

On Monday, August 19, the Massachusetts Department of Public Utilities (“DPU”) provided additional information on the timing, process, and scope of its investigation into DG interconnection. The full memorandum from the...more

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