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FERC, CFTC, and State Energy Law Developments
On July 7, the US Court of Appeals for the District of Columbia Circuit issued its opinion in NRG Power v. FERC, vacating in part and remanding a May 2013 order by the Federal Energy Regulatory Commission (FERC) that had accepted PJM Interconnection, L.L.C.’s (PJM’s) revisions to the Minimum Offer Price Rule (MOPR) in the PJM electricity capacity market subject to PJM’s acceptance of certain modifications.
On May 23, the Federal Energy Regulatory Commission (FERC) issued a notice inviting comments on the interplay between state policy goals and organized wholesale electricity markets. The referenced state policy goals involve state support for zero-carbon-emitting power plants, including nuclear power plants, generally in the form of tax credits.
Putting aside the climate change politics swirling around US President Donald Trump’s recent executive order on “Promoting Energy Independence and Economic Growth,” what does the order mean for the nation’s electric generation portfolio? Can the gradual decline in the role of coal-fired generation be reversed?
At its last open meeting on Jan. 19, 2017, the Federal Energy Regulatory Commission (FERC) issued a policy statement that serves to reaffirm FERC’s efforts to encourage the development of electric storage resources.
Energy partner Ken Kulak recently participated in an Energy Policy Now podcast produced by the Kleinman Center for Energy Policy at the University of Pennsylvania. During the podcast, Ken discussed the Federal Energy Regulatory Commission’s (FERC’s) Notice of Proposed Rulemaking (NOPR) on electric storage, highlighting several issues raised in the NOPR regarding the development of “participation models” for electric storage and distributed energy resources in organized electricity markets. Comments to the FERC NOPR are due by February 23, 2017.
FERC has requested comments on whether to revise its policy for establishing the length of license terms for hydroelectric projects located at non-federal dams.
On July 21, FERC modified its pro forma Small Generator Interconnection Agreement (SGIA) to require newly interconnecting small generating facilities to ride through abnormal frequency and voltage events and not disconnect during such events.