Recently, the D.C. Circuit upheld FERC’s decision granting Broadview Solar’s application to become a QF in SEIA v. FERC. In doing so, the appeals court solidified FERC’s “send-out” capacity approach for determining QF status. The underlying case, Broadview, has
PURPA and Distributed Energy Resources Blog
The PURPA and Distributed Energy Resources Blog, published by Steptoe LLP, focuses on legal and regulatory issues surrounding the Public Utility Regulatory Policies Act (PURPA) and the integration of distributed energy resources (DERs). It covers topics such as community renewable energy programs, net energy metering, state and federal regulatory developments, FERC jurisdictional matters, DER aggregation, and compensation mechanisms for DER services. The blog analyzes state commission decisions, FERC orders, and industry standards affecting DER participation in energy markets, including challenges related to double compensation and the evolving role of DER aggregators under federal and state frameworks.
Latest from PURPA and Distributed Energy Resources Blog - Page 2
The Price of DER Aggregations and the Aggregated Impacts of DERs – How, to Whom, and By Whom, Costs Will Be Allocated All Remain Unclear
By Jennifer Key
Who will be paying for the impacts of on both distribution and transmission systems of widespread DER penetration, whether it is in the form of DER Aggregations under Order No. 2222, state-jurisdictional net energy metering (NEM), or stand-alone DERs (often…
The First Order No. 2222 Compliance Orders (CAISO and NYISO): Part 5 –Topics 10-12 (Modifications to List of Resources in Aggregation; Market Participation Agreements; and Effective Date)
By Jennifer Key
Fifth and final post on the Order No. 2222 compliance filings issued on June 17, 2022: “CAISO 2222 Order” and the “NYISO 2222 Order.” The post covers the topics: Modifications to List of Resources in Aggregation; Market Participation…
The First Order No. 2222 Compliance Orders (CAISO and NYISO): Part 4 – Topic 9 (Coordination between the RTO/ISO, Aggregator, and Distribution Utility)
By Jennifer Key
Fourth post on the Order No. 2222 compliance filings issued on June 17, 2022: “CAISO 2222 Order” and the “NYISO 2222 Order.” The post covers the topic: Coordination between the RTO/ISO, Aggregator, and Distribution Utility.
Topic 9: Coordination…
The First Order No. 2222 Compliance Orders (CAISO and NYISO):Part 3 – Topics 6-8 (Locational Requirements; Information and Data Requirements Metering and Telemetry System Requirements)
By Jennifer Key
Third post on the Order No. 2222 compliance filings issued on June 17, 2022: “CAISO 2222 Order” and the “NYISO 2222 Order.” This post covers the topics: Locational Requirements; Information and Data Requirements Metering; and Telemetry System Requirements.…
The First Order No. 2222 Compliance Orders (CAISO and NYISO): Part 2 – Topic 5 (Eligibility to Participate in RTO/ISO Markets through a Distributed Energy Resource Aggregator)
By Jennifer Key
Second post on the Order No. 2222 compliance filings issued on June 17, 2022: “CAISO 2222 Order” and the “NYISO 2222 Order.” The post covers the topic Eligibility to Participate in RTO/ISO Markets through a Distributed Energy Resource…
The First Order No. 2222 Compliance Orders (CAISO and NYISO): Overview and Topics 1-4 (Stakeholder Process; Small Utility Opt-In; Interconnection; Definitions of Distributed Energy Resource and Distributed Energy Resource Aggregator)
By Jennifer Key
On June 17, 2022, FERC issued its first two orders on Order No. 2222 compliance filings, the “CAISO 2222 Order” and the “NYISO 2222 Order.” Both ISOs had FERC-approved, pre-existing DER Aggregation programs (i.e., aggregation programs beyond Order…
NAESB Role in DERs and DER Aggregation: What Do FERC and the States Think?
By Jennifer Key
In May 2022, with some, but relatively little, acknowledgment in the trade press, the North American Energy Standards Board (NAESB), at the behest of the Department of Energy (DOE), Lawrence Berkeley National Laboratory (LBNL), and Pacific Northwest National Laboratory…
The FTC Petition – A Thinly-Veiled Attempt to Protect Full Net Energy Metering for DERs
On May 18, 2022, 235 self-described “consumer, anti-monopoly advocates, public interest and environmental organizations, and rooftop solar companies” (Petitioners), petitioned the FTC to exercise its authority under Section 6(b) of the FTC Act to study electric utility industry practices that…
Dalreed Solar – FERC Declines to Provide Additional Clarity as to QF Re-Certification “Substantive Changes” that Trigger Protest Rights, But Engages in a Same-Site Analysis
By Jennifer Key
In Order No. 872, FERC provided PURPA purchasers and other interested parties the opportunity to protest QF re-certifications if a “substantive change” was being made, although the Final Rule was less than perfectly clear as to what constituted a substantive…