Energy investors should take note of two recent orders from the Federal Energy Regulatory Commission (“FERC”). With these orders, FERC ruled for the first time that an entity that appoints a director to the board of a FERC-regulated “public utility” or a direct or indirect holding company of the public utility is a regulatory
The New Jersey Board of Public Utilities (NJBPU) announced that its third solicitation with a capacity target of 1,200 megawatts for New Jersey’s offshore wind (OSW) development will now be released by January 2023, instead of the previously announced September 2022 date, to account for its ongoing transmission-planning efforts.
NJBPU’s updated timeline takes into consideration
On January 13, 2022, the US Department of Energy (DOE) issued a notice of intent regarding its Building a Better Grid Initiative (Initiative), an effort to encourage the modernization of the nation’s existing electric transmission grid. The Initiative is the beginning of a rulemaking process required by the Infrastructure Investment and Jobs Act (Act), which
The Public Utility Commission of Texas (PUCT) has issued draft regulations to implement new electric weather-related requirements set forth in Texas Senate Bill 3, which was enacted in response to what the PUCT described as the February 1-5, 2021, “Southwest Cold Weather Event.” This Legal Update discusses the two-phase approach the PUCT has proposed.
On June 17, 2021, the United States Federal Energy Regulatory Commission (FERC) issued an order establishing a new Joint Federal-State Task Force on Electric Transmission, calling for nominations for state commission representation on it, setting forth preliminary details of it and identifying topics for it to consider. The Legal Update at the link below provides
In the wake of the May 2021 ransomware attack on a major US oil pipeline, the Department of Homeland Security’s Transportation Security Administration (TSA) has released a security directive (the “TSA Directive”) to better “identify, protect against, and respond to threats to critical companies in the pipeline sector.” The TSA Directive was released on May
The Texas House of Representatives and Senate are considering three similar, but not identical, legislative drafts that could impose substantial grid charges directly on renewable generation businesses. The Legal Update at the link below provides further detail.
The Polar Vortex 2021 Fallout continues to be in the news in Texas. In the Legal Update below you will see the most recent developments.
In the now obviously challenged Electric Reliability Council of Texas (ERCOT) power market, a strange dance recently occurred. On February 21, 2021, the Public Utility Commission of Texas (PUCT), which oversees ERCOT, issued an order authorizing ERCOT to use its sole discretion in taking actions under the ERCOT Nodal Protocols to resolve financial obligations between
