Regulation and Legislation – Page 9 – Global Power Law & Policy

The Australian Energy Regulator is considering its approach to regulating innovative energy selling business models.

Feb 12 2015

The Australian Energy Regulator (AER) is currently considering its approach to regulating new and innovative energy selling business models, for example business models which incorporate electricity storage, under the National Energy Retail Law.

The AER released an issues paper on this topic at the end of 2014 and has sought feedback on the issues paper from interested stakeholders. The AER has indicated that it will publish its final position in the second quarter of 2015. Read More

FERC Issues Proposed Policy Statement Clarifying the Use of Hold Harmless Commitments in Section 203 Applications

Feb 04 2015

On January 22, 2015, the Federal Energy Regulatory Commission (“Commission”) issued a Proposed Policy Statement on Hold Harmless Commitments (“Policy Statement”), in which it proposed changes to the basis on which it will review transactions subject to Section 203 of the Federal Power Act (“FPA”).[1] Specifically, the Policy Statement proposes clarifications to the rules regarding the identification of transaction-related costs and use of hold harmless commitments, which are often included in Section 203 applications for transactions involving traditional franchised public utilities as a means of demonstrating that a proposed transaction will not adversely affect ratepayers. As part of a hold harmless commitment, an applicant typically commits not to seek recovery of transaction-related costs in Commission-jurisdictional rates unless the applicant can demonstrate that the costs are off-set by transaction-related savings. The Commission must ensure that a proposed transaction does not have an adverse impact on jurisdictional rates and has traditionally allowed applicants to use a hold harmless commitment to satisfy this prong of the Commission’s analysis. Read More

Department of Commerce Issues Final Antidumping and Countervailing Duty Determinations on Crystalline Silicon PV Products from China and Radically Reinterprets the Scope of the Investigations

Jan 20 2015

As we reported in June 2014, the U.S. Department of Commerce (the “Department”) announced that certain crystalline silicon photovoltaic (“CSPV”) products from the People’s Republic of China (“PRC” or “China”) had been produced by taking advantage of subsidies, and that such products could therefore be subjected to countervailing duties when imported into the United States (http://www.globalpowerlawandpolicy.com/2014/06/department-of-commerce-issues-preliminary-countervailing-duty-determination-on-crystalline-solar-pv-products-from-china/). Read More

Department of Commerce’s BE-13 Mandatory Survey of New Foreign Direct Investment in the United States

Jan 08 2015

New Requirement to Report Foreign Direct investment in the U.S.

The Bureau of Economic Analysis of the U.S. Department of Commerce announced in September 2014 that it was reinstating a mandatory requirement that U.S. companies report new foreign investment through the filing of one of a family of survey forms designated as BE-13. BE-13 forms are filed electronically here.

Authority for the Survey

The authority for the survey is based on the International Investment and Trade in Services Survey Act, 90 Stat. 2059, 22 U.S.C. § 3101. The Act grants broad authority to the President “to collect information on international investment and United States foreign trade in services, whether directly or by affiliates, including related information necessary for assessing the impact of such investment and trade, to authorize the collection and use of information on direct investments owned or controlled directly or indirectly by foreign governments or persons, and to provide analyses of such information to the Congress, the executive agencies, and the general public.” 22 U.S.C. § 3101(b).

House Tax Extenders Package Would Renew the Wind PTC and Other Energy Provisions

Dec 03 2014

Congress is poised to enact a one-year retroactive tax extenders package that would renew a variety of tax incentives—including the production tax credit (PTC) for wind—through the end of 2014. On Wednesday, December 3, the House passed the Tax Increase Prevention Act of 2014 (H.R. 5771) by a vote of 378-46, sending the bill to the Senate for its consideration before the end of the Lame Duck session. Read More

Australia’s Emissions Reduction Fund Legislation Receives Royal Assent

Dec 02 2014

On 25 November 2014 the Carbon Farming Initiative Amendment Act 2014, which puts in place the Emissions Reduction Fund (ERF), received Royal Assent and is now law. The ERF is the cornerstone of the Australian Government’s Direct Action Plan climate change policy for the reduction of greenhouse gas emissions. It will provide $2.55 billion in financial incentives over four years for companies to voluntarily reduce emissions. The Government says its Direct Action Plan climate change policy will mean that Australia will meet the 5 percent emissions reduction target by 2020.

New South Wales Government passes new laws giving electricity network operators additional powers for bush fire prevention

Nov 11 2014

The New South Wales parliament has recently passed an act amending the Electricity Supply Act 1995 (NSW) to give special powers to electricity network operators in relation to bush fire prevention on bush fire prone land that is privately owned.

The Electricity Supply Amendment (Bushfire Hazard Reduction) Act 2014 (Amendment Act) provides that a network operator may give the owner or occupier of privately owned bush fire prone land a written direction requiring the owner or occupier to carry out bush fire risk mitigation work on vegetation or aerial consumer mains (being privately owned powerlines) on the land in several circumstances, including where the network operator has determined that the vegetation could make the network operator’s electricity works or aerial consumer mains become a potential cause of bush fire or where a fault in the aerial consumer mains could make them become a potential cause of bush fire.

A landowner will have 30 days to respond to a direction and must complete the required work within 60 days after the direction is given. Network operators are authorised to enter premises and do the required work if an owner fails to comply with a direction.

Significantly, directions given under the new provisions override requirements under other legislation to obtain a consent or authorisation prior to carrying out certain work (including clearing vegetation) as the Amendment Act specifically provides that work required to be done under a direction will not require development consent under the Environmental Planning and Assessment Act 1979 (NSW) or an approval or consent under certain other legislation, including the Native Vegetation Act 2003 (NSW).

The Amendment Act also addresses responsibility for the costs of complying with a direction – which will be the responsibility of the landowner in some circumstances and the network operator in others.

California To Reduce Power Demand Through New Demand Response Program

Oct 21 2014

In late August 2014, the California Assembly and Senate unanimously voted in favor of Senate Bill 1414 (“SB 1414”), which was introduced by Senator Lois Wolk and co-authored by Assembly Members, Kevin Mullin and Das Williams[1]. On September 29, 2014, California Governor Jerry Brown signed SB 1414 into law. SB 1414 requires utilities to adjust their resource adequacy[2] plans and utilize cost-effective demand response (“DR”) programs to change their demand for electricity during key times. In exchange for adjusting their electricity consumption, participating DR customers will receive incentives for providing a clean resource to the grid. The reduced demand for electricity will require less generation, which in turn will reduce the need for new power plants and help integrate renewable sources of energy. Read More

Phase I of CA 2030 Low Carbon Grid Study Completed: 50% GHG Reduction Feasible; Energy Storage to Play a Key Role

Sep 04 2014

Last week, the National Renewable Energy Laboratory (NREL) began releasing the results of Phase I of the California 2030 Low-Carbon Grid Study, which is designed to show how the electric sector can most cost-effectively support California’s ambitious GHG emissions goals. The study is generally referred to as the “Low Carbon Grid Study” or “LCGS” by NREL and the approximately 30 companies, foundations and trade associations that participated in the study. Read More

BOEM Defines Wind Energy Areas Offshore North Carolina

Aug 14 2014

On Monday, the U.S. Department of the Interior announced that the Bureau of Ocean Energy Management (“BOEM”) has defined three Wind Energy Areas off the North Carolina coast for potential commercial wind energy development.

The three Wind Energy Areas cover approximately 307,590 acres, which is a reduction in the area initially considered by BOEM for commercial scale wind power development. The Wind Energy Areas announced Monday include about 122,405 acres off the coast of Kitty Hawk, North Carolina, and two areas of 51,595 acres and 133,590 acres off the coast of Wilmington, North Carolina. A map of the Wind Energy Areas can be found here.

Catagory:Regulation and Legislation