News & Analysis as of

Comment Period Utilities Sector

Jones Day

EPA Proposes Repeal of 2024 Mercury and Air Toxics Standards Amendments

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On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more

Foley Hoag LLP - Energy & Climate Counsel

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

Williams Mullen

UPDATE: Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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On March 18, 2024, we issued an alert addressing Virginia Department of Environmental Quality’s (VDEQ’s) recently proposed Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The proposed Handbook is available...more

Holland & Knight LLP

FERC Proposes New Rules to Jumpstart Electric Transmission Buildout

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The Federal Energy Regulatory Commission (FERC) on Dec. 15, 2022, proposed an important new set of regulations to implement certain changes recently passed by Congress to the agency's authority to license new interstate...more

Holland & Knight LLP

FERC's Proposed "Duty of Candor" Draws Significant Opposition

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The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (180 FERC ¶ 61,052 (2022))(Proposed Rule) on July 28, 2022, that would impose a sweeping "duty of candor" across all energy industries...more

BCLP

FERC NOPR seeks comment on proposed ratemaking incentives for transmission owner cybersecurity investments and expenses

BCLP on

On September 22, 2022, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (2022 NOPR) setting forth proposed utility incentives for expenses and investments relating to...more

Holland & Knight LLP

FERC Proposes Major Reforms to Generator Interconnection Process

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The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more

Williams Mullen

Virginia SCC Opens Proceeding and Seeks Comments on Distributed Energy Resource Interconnection Issues

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On May 24, 2022, the Virginia State Corporation Commission (the Commission) issued an Order establishing a proceeding to explore interconnection issues related to utility distributed energy resources (DER).  As part of the...more

Saul Ewing LLP

New Jersey Department of Community Affairs Opens 60-Day Comment Period for Forthcoming Warehouse Solar Regulations

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On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform...more

Sheppard Mullin Richter & Hampton LLP

FERC Seeks Comments on Potential Alternative Reactive Power Compensation Mechanisms in Reactive Power Capability Compensation, 177...

Introduction: On November 18, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a notice of inquiry seeking comments on various aspects of currently accepted reactive power compensation mechanisms...more

Holland & Knight LLP

MassDEP Seeks Stakeholder Input in Electricity Sector Regulation Review

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Two Massachusetts Department of Environmental Protection (MassDEP) electricity sector regulations, 310 CMR 7.74: Reducing CO2 Emissions from Electricity Generating Facilities and 310 CMR 7.75: Clean Energy Standard, require...more

Holland & Knight LLP

FERC Seeks Input on Electric Reliability Issues From Climate Change and Extreme Weather Events

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The Federal Energy Regulatory Commission (FERC) has invited public comment by April 15, 2021, on its recently opened proceeding (Docket No. AD21-13-000), which FERC has stated "will examine how grid operators prepare for and...more

Holland & Knight LLP

City of Boston Releases Draft Emissions Performance Standard Policy

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The City of Boston has taken the next step in its ongoing efforts to amend and strengthen its Building Energy Reporting and Disclosure Ordinance, or BERDO, by releasing a draft Summary of policy elements on Jan. 27, 2021, for...more

Mintz - Energy & Sustainability Viewpoints

Petition Seeks Federal Overturn of Net Metering, Calls into Question Federal vs. State Authority Over Solar Sales

A petition filed in April by the New England Ratepayers Association (NERA) has requested that the Federal Energy Regulatory Commission (FERC) reassess its authority over retail solar sales, stating that the federal...more

Williams Mullen

Virginia SCC establishes Energy Storage Regulatory Proceeding pursuant to the Virginia Clean Economy Act

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On June 29, 2020, the Virginia State Corporation Commission (the “Commission”) issued an Order initiating a proceeding to establish rules and regulations related to the deployment of energy storage (the “Order”).   As...more

Williams Mullen

Daylight Shines on Nationwide Permit 12, but Dark Clouds Still Loom

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In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more

Akin Gump Strauss Hauer & Feld LLP

FERC Issues White Paper on Cybersecurity Incentives

On June 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Cybersecurity Incentives Policy White Paper (the “White Paper”). The White Paper, issued in Docket No. AD20-19-000, discusses a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals/RCRA: Earthjustice Notice of Intent to Sue U.S. Environmental Protection Agency for Alleged Failure to...

Earthjustice on behalf of a number of environmental organizations sent a February 7th letter to United States Environmental Protection Agency (“EPA”) Administrator Andrew Wheeler styled...more

Williams Mullen

Why Coal Ash Regulation Should Be on Everyone’s Watch List

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Recently, the use of coal has been most highlighted in the power production industry, although coal has been used for generations in many industries.  For example, steel, paper, chemicals, and oil refining industries utilize...more

Buchalter

California Energy Regulatory Weekly Update - August 2019 pt 2

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This ruling formally initiates the “procurement track” as outlined in Decision (D.) 19- 04-040. The ruling generally describes the scope and content of the procurement track, and seeks comments from parties on its framing...more

Holland & Knight LLP

EPA Proposes Perchlorate Rule After Years of Study

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• The U.S. Environmental Protection Agency (EPA) recently issued a 171-page pre-publication version of its proposed perchlorate rule in accordance with the Safe Drinking Water Act (SDWA), just days before a court-ordered...more

Alston & Bird

FERC Issues Notices of Inquiry on Electric Transmission Incentives and Calculating Return on Equity

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Our Energy Group interprets the Federal Energy Regulatory Commission’s two latest notices of inquiry seeking comments on changes to a decade-old transmission incentive policy and how to respond to a federal court decision...more

Eversheds Sutherland (US) LLP

FERC to examine electric, gas and oil return on equity policies

On March 21, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a notice of inquiry (NOI) seeking industry comments regarding the modification and application of its current rate of return on equity (ROE)...more

Stoel Rives - Renewable + Law

California Public Utilities Commission Opens Rulemaking to Consider Expansion of Direct Access

At its March 14, 2019 voting meeting, the California Public Utilities Commission (“CPUC”) voted out an Order Instituting Rulemaking (“OIR”) to Implement Senate Bill 237 (“SB 237”) Regarding Direct Access and to Consider...more

Buchalter

California Regulatory Happenings - November 2018

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On 7/12/18 the Commission adopted an Order Instituting a rulemaking to continue implementation of the RPS program. The oversight anticipated in the rulemaking (a successor to R15-02-020) includes review of RPS procurement...more

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