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jdesrosiers

jdesrosiers

This author jdesrosiers has created 5 entries.

  • August 19, 2019

Changes to Horizontal Market Power Analysis in FERC Market-Based Rate Applications

FERC
Practice area:

Refinements to Horizontal Market Power Analysis for Sellers in Certain Regional Transmission Organization and Independent System Operator Markets,
Order No. 861, 168 FERC ¶ 61,040 (2019).

Effective date: September 24, 2019.

On July 18, 2019, FERC issued an order modifying the requirements for entities which hold market-based rate authority, as well as new applicants. This order will reduce the filing burden on entities seeking market-based rates in the Eastern ISOs, PJM, NYISO, ISO New England and MISO. It leaves filing requirements unchanged for entities in bilateral markets, CAISO and SPP.

Order No. 861 finds that sellers transacting in markets operated by regional transmission organization (“RTO”) and independent system operators (“ISO”) do not need to submit indicative screens regarding their horizontal market power to obtain or maintain market-based rates to sell energy, ancillary services and capacity. The Commission found that the ISO/RTOs’ market monitoring regimes are sufficiently mature to allow for appropriate monitoring and mitigation. Further,

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  • August 13, 2019

New FERC Data Collection Requirements for Market-Based Rate Sellers

FERC, Regulatory
Practice area:
Industries:

Data Collection for Analytics and Surveillance and Market-Based Rate Purposes,
Order No. 860, 168 FERC ¶ 61,039 (2019).

On July 18, 2019, the Federal Energy Regulatory Commission (“Commission”) issued a final rule which will have impacts on new market-based rate applications, as well as companies which currently have such authorization.  Under this rule, companies which currently hold market-based rates, as well as new applicants, will need to submit data into a relational database regarding their affiliates, and will need to keep such data updated.  This will add a new compliance obligation to companies, and will require closer monitoring of active and passive investors in a project.

Following up on the 2016 series of Notices of Proposed Rulemaking,[1] the Commission issued a final rule, adopting its proposal to collect market-based rate information in a relational database, but declining to require entities, including those holding market-based rates (“Sellers”) and those who transact in virtual energy and

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  • June 05, 2018

Powering America Hearing on Transmission Infrastructure Development: FERC Isn’t Batting 1000

Development Incentives, Energy Storage, Wind Power
Practice area:

On May 10, 2018, the House Energy Subcommittee held a hearing on the state of electric transmission infrastructure, particularly focusing on transmission planning, the efficacy of Order No. 1000 and the future of the transmission grid.  Important take-aways from the hearing included:

  • Consensus that Order No. 1000 has not worked to incentivize transmission infrastructure development in the way that was intended, and particularly, has not resulted in development of interregional transmission projects.
  • The Commission and Congress should rethink transmission incentives, including considering how to best incentivize new technology and whether performance-based incentives might be appropriate.
  • Significant offshore wind generation is coming to the East Coast; we need to think about how to best support its interconnection.

Six witnesses testified on the state of transmission infrastructure.  Former FERC Commissioner Tony Clark, now a senior advisor at the law firm of Wilkinson Barker Knauer LLP, discussed the white paper he recently issued, considering the status and efficacy of Order No.

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  • May 18, 2018

Generator Interconnection Final Rule

FERC
Practice area:

FERC Substantively Revises Generator Interconnection Rules, Eases Rules For New Developers of Generation and Storage Facilities

On Thursday, April 19, 2018, the Federal Energy Regulatory Commission (FERC or “Commission”) issued a Final Rule revising its Large Generator Interconnection Procedures (LGIP) and Large Generator Interconnection Agreement (LGIA), which apply to generators over 20 MW.[1] The order, labeled Order No. 845, is the first comprehensive review of FERC’s generator interconnection policy in about 15 years, since Order No. 2003 and its progeny in 2003.

Order No. 845 is prospective only, applying to generators which are not yet in a queue.  Transmission providers, including independent system operators and regional transmission organizations (ISO/RT) must file changes to their tariffs by August 7, 2018. Note that on May 17, 2018, the ISO/RTO Council filed a motion for extension, asking that the compliance date be extended by 70 days to October 16, 2018.

The changes that FERC proposes will be beneficial

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  • February 23, 2018

Welcome to the Energy Infrastructure Blog!

Acquisition, Biogas, Biomass, Construction, Development Incentives, Energy Storage, Financing, Hydropower, Offshore Power, Permitting, Regulatory, Renewable Energy, Siting, Solar Power, Tax, Tax Credits, Tidal Power, Wind Power
Authors:
Practice area:

Welcome to the Energy Infrastructure Blog – EI Blog, for short – Pierce Atwood’s new blog that will provide information and analysis on the key policy and legal issues relevant to energy infrastructure policy, development, and finance in New England and beyond.  Pierce Atwood has assembled a team of legal practitioners from diverse practice areas who focus on all aspects of developing, buying, and selling energy infrastructure projects, and who also recognize that understanding both the fundamentals and trends in this ever-changing area is essential for developers, investors, policymakers, and interested members of the public.  We look forward to sharing our insights with you. 

Why an energy infrastructure blog – and why now?

We may not always think about it, but the mixed generation fleets, as well as the electricity transmission and distribution network that “keep the lights on” throughout New England are integral parts of everyone’s everyday lives.  Policymakers, lawyers, and

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