On September 29, the Department of Energy (DOE) issued a notice that may impact wholesale rates in all federally regulated wholesale markets (not including ERCOT), possibly affecting: (i) merchant plant owners, (ii) wholesale market customers, (iii) renewable and gas fired generation, (iv) coal and nuclear power plant owners, and (v) power traders. Husch Blackwell energy regulatory attorneys Linda Walsh, Chris Reeder and Sylvia Bartell issued a detailed client alert on the Notice of Proposed Rulemaking (NOPR) issued by DOE requiring regional transmission organizations (RTOs) and independent system operators (ISOs) “to ensure that certain reliability and resilience attributes of electric generation resources are fully valued.” The proposed market reform would provide Continue Reading DOE Proposes Special Compensation to Coal and Nuclear Generators
In an article by Keith Goldberg of Law360, Husch Blackwell attorney and former FERC Chairman, Jim Hoecker, discuss the role of FERC Order 1000 in regional transmission planning. He and other experts provide insight on how Order 1000 has initiated the long-term planning process but failed to spur the significant development necessary to provide regional electricity solutions.
The abrupt resignation and departure (effective February 3, 2017) of former FERC Chairman Norman Bay will leave the Commission without the minimum 3-commissioner quorum needed for the Commission to act. Regulated entities can expect a flurry of activity at the Commission this week, while Commissioner Bay is still voting. As a former FERC Chairman, I believe Acting Chairman Cheryl LaFleur, a Democrat, will do her best to conduct the agency’s business after Bay’s departure, but there are limits to what she and remaining Commissioner, Collette Honorable, can do.
The first order of business will be to Continue Reading FERC Acting Chairman LaFleur Expected to Try and Minimize FERC’s Quorum Problem
Today we highlight the Quadrennial Energy Review’s (“QER”) focus on grid security recommendations in the context of the newly adopted Fixing America’s Surface Transportation Act (“FAST Act”) and the Federal Power Act (“FPA”). It discusses FERC role in grid security and suggests that FERC utilize its regional entities to assist in security planning. Continue Reading “Transforming the Nation’s Electricity System.” Part IV: Grid Security
On December 15, 2016,the Federal Energy Regulatory Commission (FERC) proposed broad regulatory changes to enhance the interconnection processes first developed in 2003, prior to the proliferation of new generation resources and transmission investments. FERC issued a Notice of Proposed Rulemaking (NOPR) that proposes to modify many aspects of the large generator interconnection process. The full client alert is available on Husch Blackwell’s Energy and Natural Resources page.
The Federal Energy Regulatory Commission (“FERC”), in a recent Notice of Inquiry (NOI), is exploring whether to revise its current approach to identifying and analyzing market power in the context of Federal Power Act Section 203 (utility mergers and acquisitions) and 205 (market based rate authorizations). Currently, FERC uses separate methodologies when analyzing an entity’s market power when an entity seeks prior-approval of a merger or similar jurisdictional transaction under Section 203, and when an entity applies for authority to sell energy products in FERC-regulated wholesale energy markets under Section 205. Through this NOI, FERC seeks comments on whether it should “harmonize” and “streamline” these two market-power analysis methods. Continue Reading FERC Considers “Streamlining” Analysis of M&A Approval and MBR Authority
In a recent Notice of Proposed Rulemaking (NOPR) the Federal Energy Regulatory Commission (FERC) proposes new data collection and filing requirements for market-based rate sellers (MBR) and entities trading virtual products or holding financial transmission rights (Virtual/FTR Participants). The new requirements purport to improve the Commission’s surveillance of wholesale power markets through disclosure of financial and legal connections among market participants and other entities in Commission-jurisdictional electric markets. According to FERC, the requirements will facilitate both the sharing of data across different information systems and reporting into FERC’s eLibrary system. Continue Reading FERC Proposes New Requirements for Market Based Rate Sellers