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FERC, CFTC, and State Energy Law Developments
On June 16, Connecticut joined seven other states—California, Massachusetts, New Jersey, Nevada, New York, Oregon, and Virginia—in adopting an energy storage deployment goal as a strategy to address climate change. In furtherance of Connecticut’s move toward 100% carbon-free power by 2040, Governor Ned Lamont enacted Public Act No. 21-53, which establishes a goal to deploy one gigawatt (GW) of energy storage by 2030. The act also sets interim targets of deploying 300 megawatts (MW) of storage by the end of 2024 and 650 MW by the end of 2027.
Read this Insight prepared by our energy and environmental lawyers addressing the status of stricter tailpipe emissions regulations and anticipated widespread use of electric vehicles (EVs). Companies looking to leverage the Biden-Harris administration’s focus on clean transportation, as well as utilities whose grids are going to be impacted by EV development, should consider reading the Insight and checking out the Automotive Hour Webinar Series for 2021.
Three Massachusetts utilities, in coordination with the Massachusetts Department of Energy Resources (DOER), issued a request for proposals on May 7, 2021 seeking bids for offshore wind projects. The utilities are seeking to procure between 400 megawatts (MW) and 1.6 gigawatts (GW), and developers are permitted to submit applications for projects between 200 MW and 1.6 GW.
The Delaware River Basin Commission (DRBC) on February 25, 2021, approved a new regulation formally prohibiting high-volume hydraulic fracturing (HVHF), or fracking, in the Delaware River Basin. The final rule makes permanent a drilling moratorium imposed by the DRBC in 2010.
FERC has issued an order setting aside in part its prior order on New York Independent System Operator, Inc.’s (NYISO’s) buyer-side market power mitigation rules by reversing its decision not to exempt payments received under the Commercial System Distribution Load Relief Programs (CSRPs) submitted for consideration from the calculation of Special Case Resource (SCR) offer floors.
FERC has issued an order revising its prior order on PJM’s Minimum Offer Price Rule (MOPR) by vacating a footnote that suggested the New Jersey Basic Generation Service default service auction—and by extension other state default service auctions shaped by state resource policy—were not “fuel neutral” or “nondiscriminatory” as required by Commission precedent. As a result of this clarification, resources selected through the New Jersey default service auction will not be presumed to be subject to the MOPR and may be eligible for the MOPR exclusion for independently evaluated, nondiscriminatory, fuel-neutral, competitive state-directed default service auctions.
A LawFlash prepared by our energy team discusses likely results of the Texas power outages and blackouts during the recent winter storm, which include federal and state investigations into the outages, federal investigations into commodity and futures price spikes during the storm, force majeure inquiries, and demands for corrective actions to ensure future reliability of the grid system.
On February 17, Texas Governor Greg Abbott took the extraordinary measure of directing the Railroad Commission of Texas (RRC) to restrict out-of-state exports of natural gas produced in Texas through February 21. Noting the unprecedented extreme weather events facing the state, Governor Abbott’s directive seeks to “ensure[] that any natural gas currently in Texas is not sent outside of Texas,” unless it is first offered for sale to in-state power generators. Governor Abbott “mandate[d] that all sourced natural gas be made available for sale to local power generation opportunities before leaving the state of Texas.”
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.
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.”