Energy Legal Blog ®

FERC Seeks Stakeholder Input on Reactive Power Compensation

Monday, November 22, 2021 - 09:25

On November 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued a notice of inquiry seeking comment on a broad array of issues related to FERC’s policies respecting compensation to generation owners—including conventional resources, renewable resources, and resources interconnected to the distribution system—for their reactive power capabilities (“NOI”).¹ An NOI is an information-gathering proceeding used by FERC to determin

Energy Stephen Hug, Rachael Novier Marsh, Catherine McCarthy, Boris Shkuta view

Electricity Transmission Provisions in the Bipartisan Infrastructure Bill

Thursday, November 18, 2021 - 09:48

On Monday, November 15, 2021, President Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act (the “Act”), commonly referred to as the Bipartisan Infrastructure Bill. The package provides funding opportunities for a variety of traditional infrastructure projects, including approximately $65 billion for energy and electric grid development. The Act’s energy provisions are diverse, and include opportunities for those investing in grid resilience and reliability, research and development for newer and emerging technologies such as battery storage and hydrogen, cybers

Boris Shkuta, Michael Brooks, Stephen Hug, Rachael Novier Marsh, Catherine McCarthy view

California: Planning its Offshore Wind Future

Monday, October 4, 2021 - 11:55

California is jumpstarting its planning for offshore wind. Under newly enacted legislation, Assembly Bill No. 525 (“AB 525”), California agencies are now tasked with identifying the state’s offshore wind goals and with developing a strategic plan to address several issues that have affected offshore wind development on the Eastern seaboard, such as port infrastructure and upgrades, transmission bottlenecks, impacts to other ocean users and communities, and permitting challenges.

Kevin Ewing, Stephen Hug, Ty Johnson, Josh Robichaud, Taylor Stuart view

Department of Interior Revokes Migratory Bird Treaty Act Rule

Thursday, September 30, 2021 - 17:29

In an action that will take effect December 3, 2021, the Department of Interior has revoked the 2021 Migratory Bird Treaty Act Rule which defined the types of activities criminalized under the Act. In the revoked rule, issued on January 7, 2021 in the last days of President Trump’s administration, Interior defined prohibited activities under the Act to exclude the incidental—i.e., unintentional—taking of migratory birds.

Environmental Strategies Ann Navaro, Daniel Pope view

Public Interest? Federal Court Questions USACE Review of Need for Hospital

Thursday, September 16, 2021 - 12:34

On September 9, 2021, the U.S. District Court for the Northern District of Ohio ruled against the U.S. Army Corps of Engineers (USACE) in a case styled Friends of the Mahoning River v. U.S. Army Corps of Engineers, a challenge to a Section 404 permit issued for the construction of a hospital.

Ann Navaro, Daniel Pope view

FERC Announces Members and Establishes First Meeting for Joint Federal-State Transmission Task Force

Thursday, September 2, 2021 - 21:20

On August 30, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order advancing its efforts on the Joint Federal-State Task Force on Electric Transmission (“Task Force”)[1] initially announced in a June 17, 2021 FERC order.

Jasmine Lee, Boris Shkuta view

FERC Launches Sweeping Effort to Gather Input on – and Potentially Overhaul – its Transmission Planning, Cost Allocation and Generator Interconnection Rules

Monday, July 19, 2021 - 11:06

On July 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Advance Notice of Proposed Rulemaking (“ANOPR”) requesting comment on a broad set of potential reforms to the Commission’s regional transmission planning, regional transmission cost allocation, and generator interconnection processes. Coming at a time of renewed focus on the need for capital investment to modernize the grid to meet the needs of a rapidly changing resource mix, the ANOPR represents a first step by the Commission to address perceived inadequacies in existing transmission planning, g

Michael Brooks, Stephen Hug, Rachael Novier Marsh, Catherine McCarthy, Taylor Stuart view

FERC Endeavors to Encourage Transmission Development in Coordination With States

Monday, June 28, 2021 - 14:54

At the June 17, 2021 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a policy statement and an order reflecting its continued support for transmission project development and transmission investment to achieve federal and state renewable resource policy goals.

I. FERC Policy Statement on Voluntary Agreements

Stephen Hug, Catherine McCarthy, Boris Shkuta, Ivan Wohner view

FERC Staff Issues White Paper on Hybrid Resources; Seeks Industry Input

Tuesday, June 1, 2021 - 11:20

On May 26, 2021, Federal Energy Regulatory Commission (“FERC”) staff issued a white paper regarding the current status and use of hybrid resources – e.g., co-located generation and storage facilities – in wholesale markets, including markets operated by Regional Transmission Organizations and Independent System Operators (“RTOs”).[1] Following a technical conference that FERC held last year on the same topic,

Catherine McCarthy, Stephen Hug, Boris Shkuta, Ivan Wohner view

Guarding the Grid: DOE Releases 100-Day Cybersecurity Pilot Program

Wednesday, April 21, 2021 - 16:06

The February 2021 hack into Oldsmar, Florida’s water treatment system is a frightening reminder that critical infrastructure systems can be vulnerable to cyberattacks and that cyberattacks can jeopardize health and safety. In this case, the hack may have spurred government action.

Philip Bezanson, Claire Cahoon, Catherine McCarthy, Joshua Zive view