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Washington Energy Report

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By: Troutman Pepper Hamilton Sanders LLP

Blog Authors

Troutman Pepper
Miriam Archibong
Daniel Archuleta
Kelsey Bagot
Margaret Campbell
Stuart Caplan
Amie Colby
Viktoriia De Las Casas
Thomas DeVita
William R. Derasmo
Mitchell Emmert
Patrick Fanning
Morgan Gerard
Jasmine Hites
Melissa Horne
Kurt Jacobs
Miles Kiger
Adam Kobos
Russell Kooistra
Kevin LeRoy
Angela Levin
Anne Loomis
Jessica Lynch
Meghan Mandel
Tom Marshall
Elizabeth McCormick
Mack McGuffey
Katherine O'Konski
Rich Pepper
Jamond Perry
Roger Reigner
Charles Sensiba
Clifford S. Sikora
Brooks Smith
Alex Taylor
Adrienne Thompson
Misha Tseytlin
Sidney Villanueva
Andrea Wortzel
Christopher Zentz

Latest from Washington Energy Report

Washington Energy Report

FERC Sustains Prior Termination of Grid Reliability and Resilience Rulemaking Proceeding; Terminates Grid Resilience Inquiry Proceeding

By Alex Taylor & Elizabeth McCormick
February 26, 2021
On February 18, 2021, FERC issued two orders terminating the proceedings stemming from the Department of Energy’s (“DOE”) Proposed Rule on Grid Reliability and Resilience (“Proposed Rule”). FERC previously established rulemaking proceedings in Docket No. RM18-1-000 to consider the proposed rule, which was submitted to FERC by the DOE in September 2017 pursuant to the Department of Energy Organization Act section 403 (“DOE Proposed Rulemaking Proceeding”). FERC terminated the DOE Proposed Rulemaking Proceeding on January…
Washington Energy Report

FERC Exempts Certain Demand Response Programs from NYISO’s Buyer-Side Market Power Mitigation Rules

By Miriam Archibong & Adrienne Thompson
February 26, 2021
On February 18, 2021, FERC denied a rehearing request for an order it issued in October of 2020 that stated that payments received under the Commercial System Distribution Load Relief Programs (“CSRPs”) may not be excluded from the offer floors for Special Case Resources’ (“SCR”) calculation under the New York Independent System Operator, Inc.’s (“NYISO”) buyer-side market power mitigation (“BSM”) rules. Although FERC denied the request for rehearing, FERC modified and set aside the October…
Washington Energy Report

In PJM MOPR Proceeding, FERC Vacates Footnote Prompting Danly Dissent

By Sidney Villanueva & Miles Kiger
February 26, 2021
On February 18, 2021, FERC took action in a multi-year dispute over the PJM Interconnection’s capacity market pricing rule known as the Minimum Offer Price Rule (or, “MOPR”) by vacating a single troublesome footnote from its last order, making way for PJM to move ahead with its annual capacity auction after years of delay. The U.S. Court of Appeals for the Seventh Circuit will soon take up a host of appeals of FERC’s decisions on…
Washington Energy Report

Two Northwest Irrigation Districts Request Declaratory Order on FERC’s Jurisdiction Under FPA Section 211A

By Katherine O'Konski & Adrienne Thompson
February 10, 2021
On January 22, 2021, two Washington state irrigation districts, Quincy-Columbia Basin Irrigation District and East Columbia Basin Irrigation District (the “Districts”), filed a Petition for Declaratory Order (“Petition”) requesting that FERC find that Federal Power Act (“FPA”) section 211A does not grant FERC jurisdiction over an unregulated transmitting utility solely as a result of the utility establishing different transmission rates by customer class or by contract.…
Washington Energy Report

President Biden Suspends Bulk Power System Executive Order; Directs Agencies to Address Public Health- and Climate-Related Rules

By Tom Marshall & Russell Kooistra
February 9, 2021
On January 20, 2021, President Joseph Biden issued Executive Order No. 13990 (“Executive Order”), which, among other things, suspended Executive Order 13920, “Securing the United States Bulk-Power System” (“Executive Order 13920”) until April 20, 2021 and directed all executive departments and agencies to review and take action to address all actions taken during former-President Donald Trump’s tenure in office that conflict with President Biden’s stated goals of improving public health, environmental protection, reducing greenhouse gas…
Washington Energy Report

Chairman Glick Appoints New Chief of Staff and General Counsel

By Sidney Villanueva & Elizabeth McCormick
February 9, 2021
On February 1, 2021, FERC Chairman Richard Glick announced the appointments of Pamela Quinlan as Acting Chief of Staff and Matt Christiansen as General Counsel.…
Washington Energy Report

FERC Issues Notice of Inquiry on Accounting Treatment of Renewable Energy Assets

By Tom Marshall & Miles Kiger
January 28, 2021
On January 19, 2021, FERC issued a Notice of Inquiry (“NOI”) seeking comments on the appropriate accounting and reporting treatment for certain renewable energy assets and for the purchase, generation and use of renewable energy credits (“REC”). Specifically, FERC requested input on the potential creation of new, non-hydro renewable technology accounts within the Uniform System of Accounts (“USofA”), the potential reporting requirements for such accounts, and how the creation of such accounts may impact formula…
Washington Energy Report

Richard Glick Named FERC Chairman

By Katherine O'Konski & Russell Kooistra
January 28, 2021
On January 21, 2021, President Biden named Richard Glick as the new FERC Chairman. Chairman Glick joined FERC as a Commissioner in 2017. He previously served as general counsel to the Democrats on the Senate Energy and Natural Resources Committee and as Vice President of Government Affairs for Iberdrola’s renewable energy, electric and gas utility, and natural gas storage businesses in the United States. In a press release, Chairman Glick stated: “I am honored that…
Washington Energy Report

FERC Rejects NERC’s Proposal to Replace Its Audit Process and Directs NERC to Conduct Audits of Regional Entities; Proposes that NERC Submit 3-year Performance Assessments

By Miriam Archibong & Elizabeth McCormick
January 28, 2021
On January 19, 2021 FERC issued an order on the North American Electric Reliability Corporation’s (“NERC”) compliance filings submitted pursuant to the Commission’s January 2020 order on NERC’s five-year performance assessment. FERC’s January 19 order approved NERC’s proposed modifications to its Rules of Procedure regarding: (1) Electricity Information Sharing and Analysis Center (“E-ISAC”); (2) Sanction Guidelines; and (3) Registration and Certification. FERC also accepted NERC’s description of its Reliability Guidelines process, its explanation on E-ISAC…
Washington Energy Report

FERC Directs Informational Reports on Hybrid Resources from RTOs and ISOs Following Technical Conference

By Alex Taylor & Adrienne Thompson
January 28, 2021
On January 19, 2021, FERC directed Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) to submit informational reports regarding four hybrid resources issues: (1) terminology; (2) interconnection; (3) market participation; and (4) capacity valuation. Specifically, FERC directed that each RTO or ISO file a report within 180 days from the order providing:  (1) a description of its current practices related to these four issues; (2) an update on the status of any ongoing efforts…

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