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FERC, CFTC, and State Energy Law Developments

Read our recent LawFlash analyzing the Federal Energy Regulatory Commission’s (FERC’s) Order No. 2222, which directs wholesale electric market operators to facilitate the participation of distributed energy resource (DER) aggregators under one or more participation models. The new rule vastly expands the opportunities for DERs, such as grid-enabled water heaters, small solar installations, and electric vehicles, to aggregate and compete alongside traditional generators for a slice of wholesale market revenues. ISOs/RTOs will have 270 days from the date the rule is published in the Federal Register to submit their compliance filings and propose implementation dates for their regions.

Read the full LawFlash.

As New York seeks a path to achieving its greenhouse gas (GHG) emissions goals, the New York Public Service Commission (NYPSC) recently approved an order authorizing New York’s electric utilities to spend up to $701 million to develop “make-ready” sites for electric vehicle (EV) supply equipment (EVSE) and related infrastructure (i.e., charging stations). The program is referred to as the “Make-Ready Program.”

New York is attempting to reduce its GHG emissions to 40% below 1990 levels by 2030, and 80% below 1990 levels by 2050. Electrifying the state’s transportation sector is viewed as integral to achieving that goal, as the transportation sector has a higher GHG output than any other sector of New York’s economy.

The New Jersey Board of Public Utilities (BPU) has issued a straw proposal for electric vehicle (EV) infrastructure build out, to advance the statutory targets for the installation of EV chargers under a law signed earlier this year.

Gov. Phil Murphy signed S. 2252 into law in January 2020 to advance EV growth in the state by offering incentives for EV purchases and setting goals for the development of EV chargers throughout the state.[1]

The BPU’s proposal, issued on May 18, was developed after reviewing best practices from across the country, including California and New York, and addresses the following key policy issues associated with EV charging.