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Mintz - Antitrust Viewpoints

Congress Holds Hearing on Energy and AI Data Centers — AI: The Washington Report

The emergence of DeepSeek has complicated the outlook for the amount of investment necessary in data centers and electricity generation for AI advancements. Against that backdrop, on March 5, the House Committee on Energy and...more

Husch Blackwell LLP

FERC Eliminates Compensation for Reactive Power Within the Standard Power Factor Range

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 904, Compensation for Reactive Power Within the Standard Power Factor Range, 188 FERC ¶ 61,034 (2024) (Final Rule). With this Final Rule,...more

Paul Hastings LLP

FERC Finalizes Rule Eliminating Cost Recovery for Reactive Rates

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued its final rule on reactive power compensation (Order No. 904)[1], which finalized the plan outlined in its Notice of Proposed Rulemaking (NOPR) to...more

Mayer Brown

FERC Ends Reactive Power Compensation

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 904, Compensation for Reactive Power Within the Standard Power Factor Range (the “Final Rule”), determining it unjust and unreasonable for...more

Troutman Pepper Locke

FERC Dismisses Challenges Related to Market-to-Market Coordination over Data Center-Constrained Flowgate

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On September 10, 2024, FERC issued an Order denying two complaints. The first complaint was filed on January 23, 2023 by Montana-Dakota Utilities Company (“MDU”) against Midcontinent Independent System Operator, Inc....more

DarrowEverett LLP

Relief from NIMBYism for Renewable Energy: New York’s RAPID Act

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One of the biggest challenges to states meeting ambitious Clean Energy Standards is local opposition to large scale projects, something we’ve written about previously. The federal government and many state legislatures have...more

Foley & Lardner LLP

The Evolving Mix of the Energy Sources for the U.S.'s Electric Generating Capacity

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Current Generating Capacity - As of 2024, total installed electric generating capacity in the United States is approximately 1,250 gigawatts (GWs). This capacity is distributed across a diverse mix of energy sources, with...more

Holland & Knight LLP

Energy Regulatory Commission Publishes DACGs on Electromobility in Mexico

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Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) on Sept. 10, 2024, published in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF), the "Agreement No. A/108/2024 by...more

Dorsey & Whitney LLP

Minnesota Energy Infrastructure Permitting Reform

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Governor Tim Walz recently signed the Minnesota Energy Infrastructure Permitting Act and amendments to the certificate of need requirements (Permitting Act). The Permitting Act includes significant reforms to streamline...more

Bricker Graydon LLP

New Ohio Power Siting Board Rules: Effective May 30, 2024

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On July 20, 2023, the Ohio Power Siting Board (Board or OPSB) issued its determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order...more

Foley Hoag LLP

FERC May 2024 Open Meeting Preview

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It’s a busy time for the Federal Energy Regulatory Commission (the “Commission” or “FERC”). In March 2024, FERC issued Order No. 2023-A upholding its major generator interconnection reform order, Order No. 2023. FERC followed...more

Foley Hoag LLP - Energy & Climate Counsel

U.S. Department of Energy Releases Preliminary List of Potential National Interest Electric Transmission Corridors

On May 8, 2024, the U.S. Department of Energy (“DOE”) released a preliminary list of potential National Interest Electric Transmission Corridors (“NIETCs”), representing another step forward in DOE’s efforts to effectuate...more

Holland & Knight LLP

Mexico’s CRE Issues Modifying Agreement for Load Center Exclusion

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Mexico's Federal Official Gazette (Diario Oficial de la Federación or DOF), on April 23, 2024, published the "Agreement Num. A/023/2024 issued by the energy regulatory commission by means of which agreement a/064/2017 is...more

Vinson & Elkins LLP

NERC Files Revisions to Rules of Procedure Subjecting Certain Unregistered Inverter Based Resources to Mandatory Reliability...

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On March 19, 2024, the North American Electric Reliability Corporation (“NERC”) asked the Federal Energy Regulatory Commission (“FERC”) to approve revisions to NERC’s Rules of Procedure (“ROP”) that would require certain...more

Husch Blackwell LLP

Generator Interconnection Rule: FERC Provides Clarification and Tweaks to Order No. 2023 But Stands Firm on Late Study Penalties

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On March 21, 2024, FERC issued a follow up rehearing order to its landmark Order No. 2023 generator interconnection reform rule, providing several clarifications and tweaks in response to industry comments. Improvements to...more

Mayer Brown

US FERC: The End of Reactive Power Compensation for Generators?

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Many electric power generating companies have filed with the Federal Energy Regulatory Commission (“FERC”) to collect reactive power compensation. FERC has now opened a rulemaking proceeding that would largely wind down most...more

Gray Reed

Retail Electricity Customers Denied Relief from Uri

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In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

Troutman Pepper Locke

FERC Partially Accepts Arizona Public Service Company’s Proposed Interconnection Queue Reforms

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On September 29, 2023, FERC accepted part of Arizona Public Service Company’s (“APS”) proposed interconnection queue reforms to transition from a first come, first served cluster study process to a first ready, first served...more

Stikeman Elliott LLP

Pause on Renewable Project Approvals Part 2: AUC Launches Inquiry into Renewable Electricity Development

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On September 11, 2023, the Alberta Utilities Commission (“AUC”) formally launched an inquiry into the ongoing economic, orderly, and efficient development of electricity generation in the province (“Inquiry”)....more

Downey Brand LLP

CAISO Draft Plan Signals Shift to Proactive Transmission Planning

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In its Draft 2022–2023 Transmission Plan, the California Independent System Operator (CAISO) introduces a shift to more “strategic and proactive” transmission planning, with a goal of aligning the sites of future new...more

Cadwalader, Wickersham & Taft LLP

EC Proposal to Reform EU Electricity Market Underscores Capital Needs

On March 14, the European Commission (EC) announced a proposal to “revise the rules for electricity market design and for improving the EU protection against market manipulation in the wholesale energy market.” The proposals...more

Dorsey & Whitney LLP

D.C. Circuit Upholds FERC’s Broadview of PURPA

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On February 14, 2023, the D.C. Circuit Court of Appeals upheld FERC’s broad definition of qualifying facilities (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). In Broadview Solar, LLC, 174 FERC ¶...more

White & Case LLP

South Africa exempts private generators from Generation Licence requirements

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South Africa's Department of Mineral Resources and Energy ("DMRE") has removed requirements for independent power producers ("IPPs") to hold generation licences to produce electricity in an effort to rapidly add much needed...more

Stoel Rives LLP

FERC Accepts PJM’s Interconnection Queue Reform

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In a “FERC after dark” order issued late yesterday, November 29, the Federal Energy Regulatory Commission (FERC) largely accepted a comprehensive reform of the PJM interconnection process that applies to both generation and...more

Opportune LLP

Why Renewable Energy Can’t Survive Without Bitcoin

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One of the key pillars of Environmental, Social, and Governance (ESG) is curbing carbon emissions by reducing or eliminating fossil fuels. Efforts are underway to transition America onto relying 100% on renewable energy. To...more

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