The Americas – Page 14 – Global Power Law & Policy

Oregon PUC Opens Docket to Implement an Energy Storage Program; Workshop Scheduled for January 27, 2016

Jan 06 2016

The Oregon Public Utilities Commission (the “OPUC” or “Commission”) opened Docket No. UM 1751 in compliance with House Bill 2193. As discussed in an earlier blog post, HB 2193 requires electric companies to procure qualifying energy storage systems by January 1, 2020, subject to authorization by the OPUC. Section 3(1) of the legislation requires the Commission to adopt guidelines no later than January 1, 2017 for an electric company to use when submitting a proposal for one or more energy projects by January 1, 2018.

Bill Holmes to Present at Renewable Energy Law 2016 in Texas

Jan 05 2016

K&L Gates partner Bill Holmes will present at the Renewable Energy Law 2016 CLE conference on February 9-10, 2016 in Austin, Texas, hosted by the University of Texas School of Law and the Oil, Gas and Energy Resources Law Section of the State Bar of Texas.

Mr. Holmes will co-moderate the session “Trends in Buying and Selling Renewable Energy: Commercial, Industrial and Wholesale Transactions,” in which he and other presenters will discuss the role of long-term PPAs and hedges in the procurement of renewables by utilities as well as commercial and industrial demand for renewable energy from offsite and on-site sources.

For more information, visit the Renewable Energy Law 2016 website.

FERC Finds ISO New England’s Formula Rates and Accompanying Tariff Provisions to be Unjust and Unreasonable

Jan 05 2016

On December 28, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order pursuant to Section 206 of the Federal Power Act (“FPA”)[1] finding that the ISO New England Inc.’s Transmission, Markets and Service Tariff (“Tariff”) is unjust, unreasonable, and unduly discriminatory or preferential. FERC’s determination was based on a finding that the Tariff lacks formula rate protocols and, by extension, lacks adequate transparency and challenge procedures with regard to the formula rates used by the ISO New England Participating Transmission Owners (“PTOs”).[2] FERC also found that the formula rates themselves may be unjust and unreasonable or otherwise unlawful because the formula rates appear to lack sufficient detail to accurately determine how certain costs are derived and recovered.

Presidential Memorandum Promotes Pre-Project Mitigation and Restoration Banking: Implications for Energy Projects and Related Development

Dec 17 2015

On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also having the potential to have significant and positive net benefits for the development of energy projects. The Memorandum encourages advance (i.e., pre-project) restoration measures, including mitigation banking, by both public and private entities. [1] It directs federal agencies to adopt a clear and consistent approach, such as guidance and regulations, to further this goal. Agencies affected include the United States Forest Service (USFS), the United States Fish & Wildlife Service (USFWS), the Bureau of Land Management (BLM) and the Department of Interior (DOI) — projects involving review by these agencies, including energy and other types of proposed development, may be affected. These agencies will be expected to draft handbooks, guidelines, policies and regulations to implement advance mitigation measures.

Read the full alert on K&L Gates HUB

Public Meetings on the Clean Energy Fund II: Next Up: Spokane, WA on December 17

Dec 14 2015

A series of public meetings are being held across Washington State to provide an update on the Washington State Legislature’s Clean Energy Fund II. The Clean Energy Fund provides grants to projects that support development, demonstration and deployment of clean energy technologies and is administered by the Department of Commerce’s State Energy Office. Personnel from the Department of Commerce will be at each meeting to provide information and answer questions.

The next meeting is being held in Spokane, Washington at Avista Utilities. The meeting details are:

When: Thursday, December 17, 2015
2:00-4:00 p.m.
Where: Avista Utilities
1411 E. Mission Avenue
Spokane, WA 99202

If you are interested in attending the meeting on December 17 in Spokane, you can register here. We will keep you updated on future scheduled meetings and updates on the Clean Energy Fund II. More information on the Clean Energy Fund II can be found here.

FERC Proposes Rule That Would Require Wind Generators to Provide Reactive Power as a Condition of Interconnection

Nov 24 2015

In a Notice of Proposed Rulemaking issued on November 19, 2015, the Federal Energy Regulatory Commission (the “Commission”) proposed to eliminate the exemption currently available to wind generators from the requirement to provide reactive power.[1] The proposed rule would require that all newly interconnecting synchronous and non-synchronous generators, including wind generators, provide reactive power pursuant to the terms of their interconnection agreements. Additionally, any existing wind generators will be required to provide reactive power if they propose facility upgrades requiring a new interconnection request. Comments on the NOPR are due by the end of January 2016.

Greenhouse Gas Regulation in Washington: What the Clean Power Plan and Washington Clean Air Rule Mean for the State

Nov 23 2015

K&L Gates attorneys Ankur K. Tohan, Daniel C. Kelly-Stallings, and Alyssa A. Moir recently penned an article for the Environmental and Land Use Law Section of the Washington State Bar Association (WSBA) analyzing greenhouse gas regulation in Washington. Their article, “Greenhouse Gas Regulation in Washington: What the Clean Power Plan and Washington Clean Air Rule Mean for the State,” is available from the WSBA website.

Clean Power Plan Legal Battles Commence while EPA Fine-Tunes Incentives and Enforcement Mechanisms

Nov 13 2015

EPA published the Clean Power Plan (“CPP”) regulations in the Federal Register late last month. The CPP is the landmark climate change rule championed by the Obama Administration that requires reductions in greenhouse gas emissions from existing power plants nationwide. Almost immediately, opponents lodged petitions seeking review of the rule, with some petitioners also seeking a stay of the rule.

K&L Gates Environmental Policy Quarterly Covers Clean Power Plan

Nov 02 2015

The latest edition of the K&L Gates Environmental Policy Quarterly focuses on (1) EPA’s Carbon Pollution Standards and Clean Power Plan, (2) congressional efforts to streamline environmental reviews of infrastructure projects, and (3) EPA’s draft Assessment on the Potential Impact of Hydraulic Fracturing on Drinking Water Resources. We are delighted to include contributions by a number of K&L Gates lawyers who focus on these matters on a daily basis.

Read the Environmental Policy Quarterly

“Corporate Energy Sourcing: A New Engine for Renewables” on Law360

Oct 29 2015

Law360 recently published an expert analysis piece from Teresa Hill and Bill Holmes on corporate energy sourcing, the renewable energy trend in which in which companies across all industries are taking a greater role in controlling the characteristics and cost of their energy supply. Read “Corporate Energy Sourcing: A New Engine for Renewables” here.

Catagory:The Americas