Washington Energy Report > Troutman Sanders LLP

FERC Holds that Demand Response, Energy Efficiency Resources can Participate in PJM Transition Auctions for New Capacity Product

On July 22, 2015, the Commission determined that demand response and energy efficiency resources should be able to participate in two PJM Interconnection LLC (“PJM”) transition auctions created to implement a new capacity product called Capacity Performance Resources.  The Commission found that, while PJM had correctly interpreted the relevant provisions of its Open Access Transmission Tariff (“OATT”) as not allowing non-generation resources like demand response and energy efficiency to participate in the transition auctions, such exclusion was nonetheless unjust, unreasonable, and unduly discriminatory.  The Commission ordered PJM to submit revisions to its OATT, and a revised timeline for both transition auctions, within 15 days of the date of the order. [Read more →]

August 3, 2015   Comments Off

FERC Releases 2015 Energy Primer

On July 27, 2015, FERC released its 2015 version of the Energy Primer: A Handbook of Energy Market Basics (“Energy Primer”).  The Energy Primer was developed by staff from the Division of Energy Market Oversight within FERC’s Office of Enforcement.  First released in 2012, the Energy Primer is a manual that provides a broad overview of the physical wholesale markets for natural gas and electricity and energy-related financial markets.  The 2015 release of the Energy Primer provides an update of the changes in the energy industry since its 2012 release. [Read more →]

August 3, 2015   Comments Off

FERC Office of Energy Projects Issues Best Practices Manual

On July 28, 2012, FERC’s Office of Energy Projects (“OEP”) released a 32-page manual titled “Suggested Best Practices for Industry Outreach Programs to Stakeholders” (“Manual”).  In doing so, OEP states that the purpose of the Manual is to identify best practices for natural gas project developers to “effectively engage stakeholders in the application process for siting, construction and operation of interstate natural gas facilities and LNG terminals.” [Read more →]

August 3, 2015   Comments Off

FERC Enforcement Alleges that Pipeline Posting of Notices of Available Firm Capacity Auctions on the Password-Protected Portion of its EBB Violated the Pipeline’s Tariff

On July 16, 2015, FERC’s Office of Enforcement (“Enforcement”) released a “Staff Notice of Alleged Violations” (“Notice”) stating that it had preliminarily determined that Columbia Gas Transmission LLC (“Columbia Gas”) violated Part 4 of the General Terms and Conditions of the pipeline’s FERC Gas Tariff by posting notices of auctions of available firm capacity on the password-protected side of its Electronic Bulletin Board (“EBB”), rather than the public side of the EBB, between January 1, 2010 to May 1, 2013. [Read more →]

July 27, 2015   Comments Off

NERC Renews Request to Eliminate the Load-Serving Entity Registration Function

On July 17, 2015, the North American Electric Reliability Corporation (“NERC”) submitted a compliance filing with the Commission regarding NERC’s Risk-Based Registration (“RBR”) initiative, including renewed requests for the elimination of the Load-Serving Entity (“LSE”) registration function.  The Commission previously rejected, without prejudice, NERC’s proposal to eliminate the LSE registration function in its March 19, 2015 order (the “March 19 Order”) on NERC’s RBR initiative. [Read more →]

July 27, 2015   Comments Off

CAISO Board of Governors Adopts Framework to Permit Market Participation by Aggregated Distributed Resources

On July 16, 2015, the California Independent System Operator Corporation’s (“CAISO”) Board of Governors approved a new proposal (the “Proposal”) that will allow aggregated distributed energy resources to participate in the California wholesale energy market.  Under the approved framework, distributed energy resources, such as rooftop solar, energy storage, and plug-in electric vehicles, will be allowed to aggregate together to meet CAISO’s 500 kW minimum participation requirement.  CAISO stated that it will continue to develop supporting tariff language for the framework; it intends to submit such language to FERC for approval later this year. [Read more →]

July 27, 2015   Comments Off

Tenth Circuit Upholds Colorado’s Renewable Portfolio Standard

On July 13, 2015, the United States Court of Appeals for the Tenth Circuit (“Tenth Circuit”) upheld the State of Colorado’s renewable portfolio standard (“RPS”) as valid under the dormant commerce clause.  In doing so, the Tenth Circuit held that the RPS (1) was not a price control statute, (2) did not link prices in Colorado with those paid out of state, and (3) did not discriminate against out-of-state electric generators.  As a result, Colorado may continue to require that 20 percent of all electricity sold to Colorado consumers, regardless of where it is produced, comes from renewable sources. [Read more →]

July 20, 2015   Comments Off

FERC Issues NOPR Proposing Development of NERC Reliability Standard for Industrial Supply Chain Management

On July 16, 2015, the Commission issued a Notice of Proposed Rulemaking (“NOPR”) in which it proposed, among other things, to direct the North American Electric Reliability Corporation (“NERC”) to develop a new or modified Reliability Standard to provide security controls for supply chain management of industrial control system hardware, software, and computing and networking services associated with bulk electric system operations.  Comments are due 60 days after publication of the NOPR in the Federal Register. [Read more →]

July 20, 2015   Comments Off

FERC Eliminates Form 566 Filling Requirements for RTOs, ISOs, EWGs, and Certain Public Utilities

On July 16, 2015, the Commission issued a final rule in which it eliminated the obligation to file Form 566 (Annual Report of a Utility’s 20 Largest Customers) for regional transmission organizations (“RTOs”), independent system operators (“ISOs”), and exempt wholesale generators (“EWGs”).  The final rule also eliminates the requirement to submit a Form 566 for public utilities that have not made any Form 566-reportable sales (i.e., sales to customers who purchase the energy for purposes other than for resale) in any of the three preceding years.  Lastly, the final rule eliminates the requirement for public utilities submitting Form 566 to identify individual residential customers by name and address, and eliminates the requirement to notify customers listed on the Form 566 of their designation. [Read more →]

July 20, 2015   Comments Off

AWEA Petitions FERC to Significantly Reform Pro Forma Generator Interconnection Procedures and Agreement

On July 7, 2015, the Commission issued a notice calling for comments on a Petition for Rulemaking filed by the American Wind Energy Association (“AWEA”) on June 19, 2015 in Docket No. RM15-21-000.  In its petition, AWEA requested that the Commission initiate a rulemaking to significantly amend the pro forma Large Generator Interconnection Procedures (“GIP”) and Large Generation Interconnection Agreement (“GIA”), in order to alleviate what it described as “unduly discriminatory and unreasonable barriers to generator market access.”  Comments on the petition are due August 6, 2015. [Read more →]

July 14, 2015   Comments Off