Energy

  • August 15, 2023

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

Clean Energy, Permitting, Regulatory, Renewable Energy, Siting
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On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations and Permits Program (“CITAP Program”) that provides an expedient approval process for qualifying interstate transmission projects. Triggered by the Infrastructure Investment and Jobs Act (“IIJA,” also known as the “Bipartisan Infrastructure Law”) and the Inflation Reduction Act (“IRA”), the CITAP Program intends to relieve capacity constraints and congestion on the nation’s electric transmission grid by:

  • Improving the existing Integrated Interagency Pre-application Process (“IIP Process”) to identify the relevant necessary permits at the earliest opportunity;
  • Setting a two-year deadline for Federal entities to issue decisions and permits authorizing electric transmission projects after the publication of a Notice of Intent (“NOI”) to prepare an Environmental Impact Statement (“EIS”) in compliance with the National Environmental Policy Act (“NEPA”);
  • Simplifying the administrative record by incorporating the IIP Process administrative file into a single docket that contains all
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  • August 07, 2023

FERC Makes Meaningful Revisions to Interconnection Process with Order No. 2023

Clean Energy, Energy Storage, FERC, Regulatory, Siting
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On July 28, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued Order No. 2023  requiring all public utility transmission providers to adopt reforms to FERC’s pro forma generator interconnection procedures and agreements to address interconnection queue backlogs and prevent undue discrimination for new technologies.

In what FERC Chairman Willie Phillips referred to as “a watershed moment for our nation’s transmission grid,” the new rule includes several areas of reform. Order No. 2023 builds off FERC’s June 2022 Notice of Proposed Rulemaking (“NOPR”), in large part adopting the NOPR but deviating in several key areas after the receipt of approximately 4,500 pages of comments helping FERC inform its decision. Reforms in Order No. 2023  include:

  • Implementing a first-ready, first-served cluster study process, where transmission providers will conduct cluster interconnection studies encompassing numerous proposed generating facilities, rather than separate studies for each individual generating facility.
  • Speeding up interconnection queue processing by imposing firm deadlines with penalties
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  • November 22, 2022

FERC Releases Fiscal Year 2022 Annual Enforcement Report

FERC, Natural Gas Pipelines, Regulatory
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On November 17, 2022, the Staff of the Office of Enforcement (“OE”) of the Federal Energy Regulatory Commission (“FERC”) issued its sixteenth  Annual Report on Enforcement (the “Report”).[1] The Report discusses the activities performed by OE’s Division of Investigations (“DOI”), Division of Audits and Accounting (“DAA”), and Division of Analytics and Surveillance (“DAS”).

The Report provides ample reason for all participants in the energy markets regulated by FERC to continue to place an emphasis on compliance and annual reporting.  The increase in investigations, the scope of DAS’s surveillance activities, and the resolution of self-reports without significant further investigation or penalties suggests that FERC continues to prioritize enforcement activities and values a strong culture of compliance by market participants.

FERC’s Strategic Plan and OE’s Priorities

OE’s priorities follow FERC’s March 28, 2022 Strategic Plan for Fiscal Years 2022-2026 (“Strategic Plan”). The Strategic Plan set forth several of FERC’s principal missions, including: accounting for significant

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  • April 11, 2022

Massachusetts Legislature Moves Forward with Reforms that Would Reshape the Energy Sectors to Achieve Climate and Economic Development Goals

Clean Energy, Energy Storage, Offshore Power, Renewable Energy, Solar Power
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On April 7, 2022, Massachusetts Senate Ways and Means Committee issued its response to an earlier House Ways and Means Bill (House No. 4524).  The Senate bill, Senate No. 2819, revised a number of features of the earlier House bill with respect to the Commonwealth’s procurement of offshore wind energy, but also addressed a range of issues focused upon climate matters.  The Senate bill also included a range of provisions to advance electric vehicles, other forms of renewable energy, real estate development that advances climate goals and fundamentally alter consumers’ options by eliminating the competitive retail electricity supply market and decarbonizing the natural gas industry, as summarized below.

What’s next?  We understand that the Senate will be taking amendments to the bill during the next few days and that the Senate will likely adopt a form of Senate No. 2819 later this month.  The House will likely adopt a different version of the bill, resulting in the establishment of a conference committee to work out the

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  • March 29, 2022

DER Aggregations in RTO/ISO Markets: An Update on FERC Order No. 2222 Compliance and Implementation

Clean Energy, Energy Storage, FERC, Regulatory, Renewable Energy, Solar Power
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In September of 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 2222,[1] requiring Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) to adopt rules allowing aggregations of distributed energy resources (“DERs”) to participate in the RTO/ISO-administered wholesale electricity markets.  Now, a year-and-a-half later, the compliance process for each RTO and ISO is ongoing, the proposed implementation timelines for the market rules vary widely, and numerous legal and technical challenges remain to be resolved. Below is an overview of the current status of RTO/ISO efforts to implement Order No. 2222, certain related industry activities, and various implementation challenges that have come to the fore through those market design efforts.

Background

FERC issued Order No. 2222 to “remove barriers” to DER aggregations’ participation in RTO/ISO markets, and to help ensure that the RTO/ISO markets produce just and reasonable rates as required by the Federal Power Act.  Under FERC’s definition, DERs are “any resource located on the

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  • March 28, 2022

Slimmed Down Energy Tax and Social Spending Package Targeted for Vote Before August

Clean Energy, Development Incentives, Renewable Energy, Solar Power, Tax, Tax Credits
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A slimmed down version of the Build Back Better bill is reportedly in discussions between the Biden Administration and Senator Joe Manchin (D-W.Va). The Build Back Better bill has been stalled in Congress due to opposition by Senator Manchin. The new discussions come as welcomed news as the wind production tax credit is set to expire this year, and the solar investment tax credit continues to phase down. Current law also does not include tax incentives for stand-alone energy storage projects.  Experts generally agree that prices for renewable energy development will increase absent legislative action.

According to the Washington Post, Senator Manchin has said that he would seek to bring the package to a vote prior to the August recess. Following the recess it becomes more difficult to move major legislation in advance of midterm elections

The bill is said to include an extension of the solar investment tax credits and wind production tax credits along with other clean energy provisions contained in the

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  • March 24, 2022

Update: FERC Commissioners Vote Unanimously to Revise Pipeline Certificate and GHG Emission Policy Statements

Natural Gas Pipelines, Regulatory
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The Federal Energy Regulatory Commission has reached consensus to revise the two policy statements it issued on February 18, 2022, impacting the permitting and construction of new natural gas pipeline facilities

During the March 24, 2022 FERC open meeting, Chairman Glick explained that the new order will:

  • Change the status of both policy statements to be “draft” policy statements
  • Reopen the comment period for both draft policy statements so that the Commission can re-engage with stakeholders and further develop the record
  • Further develop the record, and revise both policy statements to make them applicable only prospectively to any pipeline certificate applications that are filed subsequent to the issuance of any final versions of the policy statements.

Currently-pending certificate applications will be reviewed pursuant to the Commission’s 1999 Policy Statement  and relevant FERC and judicial precedent.  Although the vote was unanimous, each of the Commissioners indicated that they intend to issue separate statements explaining their

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  • March 15, 2022

Amidst Ongoing Policy Statement Controversy, D.C. Circuit Remands Another FERC Pipeline Order Over GHG Analysis

FERC, Natural Gas Pipelines, Regulatory
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Once again finding the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) environmental assessment (“EA”) analysis of the downstream effect of greenhouse gas (“GHG”) emissions associated with interstate natural gas pipelines and liquefied natural gas terminals certificated pursuant to the Natural Gas Act (“NGA”) legally insufficient, on March 11, 2022, the United States Court of Appeals for the District of Columbia Circuit issued a remand directing FERC to consider the reasonably foreseeable indirect effects of burning natural gas as the result of a pipeline expansion project.  The court directed FERC to consider such indirect downstream impacts on remand and to prepare a conforming EA, but declined to vacate the FERC’s orders. Food & Water Watch and Berkshire Environmental Action Team v. FERC, No. 20-1132 (Mar. 11, 2022) (“Food & Water Watch”).  Food & Water Watch, authored by Chief Judge Srinivasan and joined by Judges Millett and Katsas, appears to provide further support for some of the reasoning provided by

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  • March 04, 2022

Massachusetts Poised to Reshape Natural Gas Distribution Companies to Address Climate Change

Biogas, Clean Energy, Regulatory
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About one year ago, the Massachusetts Department of Public Utilities or DPU opened an investigation (D.P.U. 20-80) to examine the appropriate role of gas LDCs in helping to meet the Commonwealth’s 2050 climate goals.  The proceeding sought to identify and evaluate strategies to move to net-zero GHG while simultaneously protecting ratepayer interests.  The potential to “recast” the role of the LDCs was a principal part of the focus.

Consultants were retained by the LDCs and an extensive stakeholder process has been completed.  A material step in the process was to identify and then evaluate the merits of what turned out to be eight “pathways” that each reflected changing roles for LDCs.  A two-volume report – Independent Consultant Report Vol. I and Vol. II – has been released in draft, is being finalized and will ultimately be reviewed by the DPU.  It is clear that the role of the LDCs will evolve substantially.  These “pathways” reflected various ranges of “electrification” and differing roles

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  • March 03, 2022

Contentious Senate Committee Hearing Highlights the Politically-Charged Nature of FERC’s Recent Pipeline Policy Statements

FERC, Natural Gas Pipelines, Regulatory
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The Senate Energy & Natural Resources Committee held a hearing today to question Federal Energy Regulatory Commission (FERC) Chairman Richard Glick and Commissioners Allison Clements, Mark Christie, James Danly, and Willie Phillips about FERC’s two recent policy statements regarding natural gas certificates.  Those two policy statements, each of which were issued by 3-2 vote with Commissioners Christie and Danly dissenting with separate statements, were issued on February 18, 2022 and are the subject of a separate Pierce Atwood blog post. Members of the Pierce Atwood Energy team watched the livestream video of the Senate hearing, and, in this post, provide some high-level insights based on the Senators’ questions and Commissioners’ responses today.

To no one’s surprise, the hearing was a politically-charged event. With one notable exception, the participating Senators’ response to FERC’s actions was split along party lines, with Democrats generally supporting the policy statements and Republicans criticizing the policy statements with openly expressed dismay and frustration.  The FERC Commissioners’

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