Minnesota joins Coalition of over 25 states Suing Administration Over Affordable Clean Energy Rule
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Ninth Circuit Strikes Down California ReMAT in Winding Creek Solar Case
On July 29, 2019, the Ninth Circuit Court of Appeals affirmed the lower court’s decision in Winding Creek Solar LLC v. Peterman et al., ruling that California’s feed-in tariff for small qualifying facilities (QFs), the Renewable Market Adjusting Tariff (ReMAT), violates the federal Public Utility Regulatory Policies Act (PURPA) (Ninth Circuit Case No. 17-17531). ReMAT provides small QFs of three megawatts (MW) or less with a standard contract for energy offtake, on a first-come, first-served…
CAISO Seeks Stakeholder Feedback on Hybrid Resource Market Participation
The California Independent System Operator (CAISO) is accepting stakeholder comments until August 13, 2019 on its new Hybrid Resources Issue Paper, kicking off a stakeholder initiative expected to proceed until April 2020. Initial comments submitted now will help shape the direction of the initiative and potential market changes.
Though not exclusively limited to renewables + storage (the CAISO defines “hybrid” to mean any combination of multiple technologies or fuel types combined into a single resource with…
FERC Issues Orders Revising Requirements for Market-Based Rate Sellers
The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two orders on July 18, 2019 revising the requirements applicable to market-based rate (“MBR”) sellers. The first, Order No. 861, lightens the regulatory requirements for MBR sellers in certain RTO/ISO-administered markets by eliminating the requirement to submit indicative screens in the horizontal market power analysis in initial MBR applications, triennial updates, and change-in-status notices. The second, Order No. 860, may also lighten regulation…
Oregon’s DLCD Finalizes Solar Siting Rules
This post was co-authored by Stoel Rives summer associate Ken Pearson.
On May 23, the Oregon Department of Land Conservation and Development made permanent the Temporary Amendments to OAR 660-033-0130, promulgated on January 29, 2019, which restrict the extent to which counties may approve construction of new commercial solar facilities on high-value farm land. You can find the final rules here and our earlier discussion of the amendments here, here, and here. As…
Clear Momentum Across US Towards Expanded Renewable Energy Policy
Recent California Public Utilities Commission Decision Charts Path Forward for its IRP Proceeding
On April 25, the California Public Utilities Commission (“CPUC”) adopted a decision (“Decision”) in its Integrated Resource Plan (“IRP”) proceeding, R.16-02-007.
The Decision examined the first round of integrated resource plans filed by each of the load-serving entities subject to CPUC jurisdiction. The Decision approved the plans filed by 20 load-serving entities, found that another eight load-serving entities were not required to file integrated resource plans, and found that 19 plans were insufficient as they…
FERC Reaffirms Concurrent Jurisdiction Over PPAs in Bankruptcy
The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order on May 1, 2019 denying rehearing of its orders asserting concurrent jurisdiction with a bankruptcy court over wholesale power contracts.
In January, prior to Pacific Gas & Electric (“PG&E”) filing for bankruptcy, NextEra Energy, Inc. and Exelon Corporation both filed complaints and petitions for declaratory orders from FERC, requesting that the Commission find that PG&E could not abrogate, amend, or reject in a…
Electric Vehicles and Zero Emission Transportation Related Bills Introduced in the 2019-2020 Legislative Session
February 22, 2019 marked the deadline by which bills could be introduced for the first half of the 2019-2020 California Legislative Session. More than 1,800 Assembly Bills and nearly 800 Senate bills were introduced; among them, legislation focused on the electrification of vehicles and the infrastructure for charging them.
Below is a list of some of the key bills Stoel Rives’ Energy Technology Working Group will be monitoring throughout the Legislative Session. We note that…
California Public Utilities Commission Opens Rulemaking to Consider Expansion of Direct Access
At its March 14, 2019 voting meeting, the California Public Utilities Commission (“CPUC”) voted out an Order Instituting Rulemaking (“OIR”) to Implement Senate Bill 237 (“SB 237”) Regarding Direct Access and to Consider Changes to Existing Direct Access Procedures. The Rulemaking will address the expansion of Direct Access, as required by SB 237.
Direct Access permits customers of a California investor-owned utility (“IOU”) (e.g., Pacific Gas and Electric, San Diego Gas and Electric, Southern California…