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1
Senate Considers Bill To Protect Electric Grid From Cyber Attacks
The Senate is considering bipartisan legislation to boost the defenses of the nation's power grid against cybersecurity threats.
United States
10 Oct 2019
2
Divided FERC Proposes Major Overhaul Of PURPA Regulations
On September 19, 2019, the Federal Energy Regulatory Commission (FERC or the "Commission") proposed to "modernize" its regulations under the Public Utility Regulatory Policies Act ...
United States
9 Oct 2019
3
Ninth Circuit Upholds Renewable Energy Developers' PURPA Rights
On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit ("Ninth Circuit") issued a decision in Winding Creek Solar LLC v. Peterman affirming a district court's
United States
5 Aug 2019
4
FERC Enforcement Settlement Highlights M&A Compliance Risks; May Suggest Enforcement Policy Changes
On June 8, 2018, the Federal Energy Regulatory Commission (FERC or the "Commission") approved a settlement between its Office of Enforcement and Duke Energy Corporation...
United States
13 Jun 2018
5
FERC Denies Waiver For Failure To File PURPA Qualifying Facility Self-Certification
On May 17, 2018, the Federal Energy Regulatory Commission (FERC or the "Commission") granted in part and denied in part a request by Zeeland Farm Services, Inc. ("Zeeland") ...
United States
23 May 2018
6
North Carolina Supreme Court Affirms Duke Energy's Monopoly Over Rooftop Solar
In September 2017, we reported on a Court of Appeals of North Carolina decision holding that entities installing solar panels on customer rooftops are "public utilities" under state law...
United States
21 May 2018
7
Federal Court Finds California PURPA Programs Non-Compliant
In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC ("Winding Creek").
United States
15 Dec 2017
8
The PURPA Modernization Act Of 2017: Proposed Reforms And Potential Implications
On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the "Act") ...
United States
11 Dec 2017
9
First Circuit Decision Finds No Private Right Of Action Under PURPA Against A Utility
On November 13, 2017, the US Court of Appeals for the 1st Circuit held in Allco Renewable Energy Ltd. v. Mass. Elec. Co. that a Qualifying Facility does not have a private right of action...
United States
24 Nov 2017
10
FERC Holds Certain Passive Equity Interests In Public Utilities Are "Non-Voting Securities" For Purposes Of Section 203 Of The Federal Power Act
On October 4, 2017, in a decision with significant implications for the energy project finance community, FERC granted a petition for declaratory order filed by the Ad Hoc Renewable Energy Financing Group ...
United States
9 Oct 2017
11
Sens. Inhofe And Heinrich Propose To Amend Section 203 Of The Federal Power Act To "Provide Parity To FERC Reviews" Of Certain Energy Industry Transactions
The Subcommittee on Energy of the Senate Committee on Energy and Natural Resources will consider the PARs Act on October 3, 2017.
United States
6 Oct 2017
12
Rooftop Solar Provider Held To Be A "Public Utility" In North Carolina
On appeal, the Court upheld the NCUC's finding that NC WARN was operating as a public utility under state law.
United States
4 Oct 2017
13
Lack Of Quorum Costs East Kentucky Power Cooperative In PURPA Dispute
On November 4, 2016, EKPC submitted its initial application seeking to terminate the purchase requirement in its service territory for QFs of more than 20 MW.
United States
20 Sep 2017
14
D.C. Circuit Concludes Again That FERC Has The Authority To Correct Its Own Errors
On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. FERC, holding that FERC has the authority to order a nonjurisdictional utility...
United States
5 Jun 2017
15
Proposed Bill Would Require State Public Utility Regulatory Authorities To Consider The Cost Of Distributed Generation
The RFA reflects pushback against the growth of distributed generation, particularly from states with vertically integrated utilities.
United States
28 Mar 2017
16
House Passes Fair RATES Act To Provide For Rehearing And Judicial Review Of FERC Inaction On Rate Filings And To Reverse Public Citizen, Inc. v. FERC
On January 23, 2017, the House of Representatives passed H.R. 587, the Fair Ratepayer Accountability, Transparency, and Efficiency Standards Act, which would amend Section 205 of the Federal Power Act . . .
United States
1 Feb 2017
17
FERC Seeking Comment On Recovery Of Income Tax Costs By Jurisdictional Natural Gas And Oil Pipelines And Electric Utilities
FERC then chooses an ROE within that range of after-tax returns, taking into account a number of factors.
United States
10 Jan 2017
18
Renewable Energy Investor Group Asks FERC To Designate Certain Passive Equity Interests In Public Utilities As "Non-Voting Securities" For Purposes Of Section 203 Of The Federal Power Act
On December 9, 2016, a group of investors in renewable energy projects asked the FERC to find that certain non-managing "tax equity" interests in public utilities are "non-voting securities"...
United States
19 Dec 2016
19
FERC Seeks Comment On Potential Modifications To Its Market Power Analyses
On September 22, 2016, FERC issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market power.
United States
28 Sep 2016
20
FERC Opens Electric Cooperative And Municipality Markets To Increased Renewables Development
FERC issued an order that is anticipated to increase the ability of electric cooperatives and municipally owned utilities to purchase power from renewable resources...
United States
29 Jun 2016
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