Tag Archives: energy

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

Massachusetts AG Petitions DPU to Investigate Gas Industry Future in Light of Commonwealth’s GHG Emissions Goals

On June 4, 2020, the Massachusetts Office of the Attorney General (AGO) filed a petition with the Department of Public Utilities (DPU) requesting that the DPU open an investigation “to assess the future of local gas distribution company (LDC) operations and planning in light of the Commonwealth’s legally binding statewide limit of net-zero greenhouse gas (GHG) emissions by 2050.” Citing Massachusetts’ Global Warming Solutions Act, and the Executive Office of Energy and Environmental Affairs’ Determination of Statewide Emissions Limit for 2020,… More

FERC Authorizes Deferred Implementation of Seven NERC Reliability Standards

The Federal Energy Regulatory Commission (“FERC” or “Commission”) recently issued an Order approving a request by the North American Electric Reliability Corporation (“NERC”) to defer the implementation of several Reliability Standards scheduled to take effect later this year. This action, along with others discussed in an earlier post here, are the latest measures approved by FERC that demonstrate the Commission’s intent to exercise discretion in easing reliability compliance burdens in light of the national emergency related to the coronavirus pandemic.… More

What the Energy Sector Needs to Know about the CARES Act

Overview

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in our main alert, the $2 trillion CARES Act amounts to what will be the biggest economic stimulus package in American history.

A number of specific provisions in the Act are aimed at energy infrastructure,… More

Governor Baker Shows Support for Offshore Wind Industry

Governor Baker addressed a room full of offshore wind stakeholders at “The Future of Offshore Wind” Forum hosted by the Environmental League of Massachusetts on Wednesday morning.  He applauded the developers, environmental groups, legislators and local students for the progress made in recent years which has led to a dramatic decrease in the price of offshore wind energy to ratepayers in recent years.

Thanks to a bill Governor Baker signed into law in 2016,… More

SMART is Open!

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

Massachusetts Selects Vineyard Wind In 83C RFP

The Evaluation Team in Massachusetts’ Section 83C Offshore Wind Generation request for proposals (“RFP”) for long term contracts for offshore wind has announced that our client Vineyard Wind was named the winning bidder in the RFP for an offshore wind project to be built off the coast of Martha’s Vineyard.  The project will include approximately 800 megawatts of offshore wind energy generation as well as a generator lead line connection. … More

FERC Issues Final Rule on Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators

Energy StorageThe Federal Energy Regulatory Commission (FERC) issued a Final Rule (the Final Rule) on February 15, 2018 (Docket Nos. RM16-23-000; AD16-20-000; Order No. 841) pursuant to which FERC amended its regulations under the Federal Power Act to remove barriers to the participation of electric storage resources in the capacity, energy, and ancillary service markets operated by Regional Transmission Organizations (RTO) and Independent System Operators (ISO) (RTO/ISO markets).… More

DOER Energy Storage Target Misses the Mark

On June 30, 2017, the Massachusetts Department of Energy Resources (“DOER”) announced an “aspirational” target for Massachusetts’ utilities to procure 200 MWh of energy storage by January 1, 2020.  While solar targets are typically expressed in MW, the capabilities of energy storage facilities are often measured both in terms of power (MW) and energy (MWh), reflecting the multiple applications for which energy storage can be used.  … More

Cybersecurity 2017 – The Year in Preview: Energy and Security

By Christopher Cifrono

In 2015, a sophisticated cyberattack hit six of Ukraine’s energy providers simultaneously, causing a blackout for hundreds of thousands of Ukrainians.  The U.S. has thus far evaded similar attacks, but the energy sector remains of vital strategic importance.  Because it has long been considered a prime target for cyber threats, from cybercriminals and foreign states alike, regulators, especially at the federal level,… More