On January 4th, as the legislative session came to a close, both houses of the Massachusetts legislature passed “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy.” My colleague, Seth Jaffe, posted on the act yesterday, when the details of the bill first came out, focusing on the climate and economic impacts. There is no doubt that this act will significantly shape Massachusetts’s path towards a net-zero future.… More
Category Archives: Energy Storage
On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020. The final regulations are the latest step towards making reality out of an idea enacted through the 2018 Act to Advance Clean Energy and make Massachusetts the first state to adopt such a program.… More
D.C. Circuit Decision Upholds Access to Wholesale Markets for Energy Storage Resources, but Will More Litigation Follow?
On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources. Challengers had contended that by prohibiting states from barring energy storage resources on the distribution system from participating in wholesale markets, FERC had exceeded its jurisdiction and infringed on state authority.
The D.C. Circuit rejected those claims. … More
Energy storage will play a key role in achieving New York State’s bold climate vision, set in motion in June 2019 with the passage of The Climate Leadership and Clean Energy Protection Act, the nation-leading law which calls for economy-wide emissions reductions to reach net-zero by 2050,100% clean electricity by 2040, and 70% renewable electricity by 2030. The Act also codifies an existing Cuomo Administration commitment to deploy 3,000 MW of energy storage by 2030.… More
On Monday, August 19, the Massachusetts Department of Public Utilities (“DPU”) provided additional information on the timing, process, and scope of its investigation into DG interconnection. The full memorandum from the Hearing Officer is here. This procedural update follows the July 18 technical conference, which we summarized here. A few key points from the memorandum:
- Three additional technical conferences have been scheduled in the docket for October 3,…
DPU Technical Conference Addresses Issues Related to DG Interconnection Tariff and National Grid “Cluster Study”
Distributed generation (DG) projects across the Commonwealth have been stalled in the midst of the “Cluster Study” impacting National Grid’s service territory in central and western Massachusetts. National Grid describes the study’s purpose as determining the impacts on the transmission system of interconnecting over 900 MW in DG projects—mostly solar—to its distribution system. National Grid says the study will be completed by March 2020.… More
On May 22, 2019, the Massachusetts Department of Public Utilities (“DPU”) opened a new docket (D.P.U. 19-55) to investigate the interconnection of distributed generation (“DG”) in Massachusetts. (And yes, the DPU intends to include energy storage interconnection in this docket despite defining DG as “technologies that generate electricity”.)
While complaints about costs, delays, and increased volume of interconnection applications have been growing,… More
Sunrun’s Capacity Supply Obligation in ISO-NE Forward Capacity Auction Signals the Beginning of a New Era for the New England Grid
Our client, Sunrun, the nation’s leading home solar, battery storage and energy services company, won an historic bid to deliver home solar and batteries as a capacity resource in ISO-NE’s recent Forward Capacity Auction (“FCA”), for the capacity commitment period June 1, 2022- May 31, 2023. Sunrun’s participation in New England’s capacity market is the first time in the country that home solar and battery storage has directly participated alongside traditional generation resources in a wholesale capacity auction.… More
On February 7, 2019, the Energy Facilities Siting Board (“EFSB”) issued a notice and request for comments in EFSB 19-01, the docket we previously noted, in which the petitioner seeks a determination that its energy storage system is not within the EFSB’s jurisdiction.
Comments are due by February 20, 2019.
The EFSB identified five topics on which it is “particularly interested in receiving information:”… More
On February 1, 2019, the Massachusetts Department of Public Utilities issued two long-awaited orders in docket D.P.U. 17-146. The orders address a number of issues related to pairing energy storage systems (“ESS”) with net metering facilities and the rights to the capacity associated with net metering and SMART facilities. There are too many issues in these orders to address each fully here, but below are some high-level highlights.… More
As more energy storage projects are developed in Massachusetts, laws and policies may need to catch up. Energy storage can provide many benefits and play many roles, but it does not always fit neatly into familiar categories, which are sometimes embedded in the background legal landscape. A recent petition at the Massachusetts Energy Facilities Siting Board (“EFSB”) brings this issue to the fore.
The EFSB has jurisdiction over transmission lines,… More
November 26th was a big day for solar energy in Massachusetts. As promised, the Massachusetts Department of Energy Resources (“DOER”) opened the application portal for the long-anticipated SMART Program. Applications received between November 26th and November 30th will be considered to have been received at the same time. Starting on December 1st, applications will be reviewed on a first come, first served, basis.
Also on November 26th,… More
The Internal Revenue Service has released a redacted copy of its private letter ruling 201809003 in which it concluded that a battery energy storage system charged 100% from an onsite solar system is eligible for the individual tax credit under Section 25D.
In the Letter Ruling, the Service reasoned that the “Battery meets the definition of a “qualified solar electric property expenditure” under § 25D(d)(2) of the Code” based on the taxpayer’s representation that “all energy that is used to charge the Battery can be effectively assured to come from the Solar Energy System” to which it would be interconnected.… More