Maeve C. Tibbetts

FERC Accepts PJM Compliance Filings Overhauling Reserve Market and E&AS Offset Calculation

On November 12, 2020, the Federal Energy Regulatory Commission (“Commission”) approved changes regarding PJM Interconnection, L.L.C.’s (“PJM”) reserve market, including how the Regional Transmission Organization (“RTO”) calculates its energy and ancillary services offset (“E&AS Offset”). The order approves a PJM compliance filing establishing categorical exclusions for nuclear, wind and solar resources, which historically have not provided capacity reserves due to their inflexible characteristics.  The order also greenlighted a related exemption process PJM will use to determine reserve eligibility for resources that are automatically deselected, recognizing that in some circumstances nuclear, wind, and solar may be able to provide reserves.

As background, on August 5, 2020, PJM submitted a compliance filing containing revisions to its tariff to incorporate a forward-looking E&AS Offset beginning with the Base Residual Auction (“BRA”) for the delivery year commencing June 1, 2022.  The Commission accepted the compliance filing and established an effective date of May 1, 2022.

PJM’s compliance filing described which resources may provide synchronized reserves, non-synchronized

Energy Infrastructure in Biden’s Administration: What You Need to Know

President elect Joe Biden has set forth two comprehensive plans targeting clean energy and climate change (collectively “The Biden Energy Plan”).[1]  The Biden Energy Plan seeks to aggressively pursue a net-zero (carbon neutral) power sector by 2035 and a net-zero U.S. economy by 2050. Additionally, themes from Biden’s Build Back Better plan for job growth and economic recovery are interwoven throughout the Biden Energy Plan.

The Biden Energy Plan is comprised of the following major initiatives:

Biden Energy Plan Commitments for Day 1 of the Biden Administration

On Day 1 of Biden’s administration, Biden plans to put the Biden Energy Plan into action by requiring methane pollution limits for new and existing oil and gas operations, developing new fuel economy standards, aiming for 100% of sales for light- and medium-duty vehicles to be zero emissions, and protecting federal lands and waters from new oil and gas leasing.

Clean Energy Mobilization at the Federal Level

To

FERC Proposes Policy Statement on Oil Pipeline Affiliate Contracts

On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement containing guidance for oil (and petroleum products) pipeline common carriers proposing rates and terms pursuant to affiliate contracts.  The proposed guidance likely stems from a 2017 order in Magellan Midstream Partners, L.P., wherein FERC denied a petition for declaratory order requesting that a proposal to establish a marketing affiliate to buy, sell, and ship crude oil be found compliant with the Interstate Commerce Act (ICA).  FERC’s guidance seeks to address the key issue identified in the Magellan order—using affiliates to provide a discount or rebate to producers that are not shippers.  The policy statement addresses this concern by requesting additional disclosures in an effort to foster greater transparency.

The policy statement provides oil pipelines with clear guidelines when seeking approval in a petition for declaratory order or tariff filing for contract rates or terms pursuant to an affiliate contract.  The policy statement outlines information carriers