On November 2, 2017, the U.S. Senate confirmed the nominations of Kevin McIntyre and Richard Glick to join FERC.  McIntyre will serve as Chairman once he is officially sworn in.  Together, McIntyre and Glick will fill the five-member Commission board for the first time since October 2015. Continue Reading Senate Confirms McIntyre, Glick to FERC, Filling Remaining Commissioner Seats

On October 4, 2017, FERC issued two separate orders clarifying its jurisdiction under sections 203 and 205 of the Federal Power Act (“FPA”) related to certain project development activities.  In Ad Hoc Renewable Energy Financing Group, FERC granted a petition for declaratory order and confirmed that certain tax equity interests in public utilities do not constitute “voting securities” for purposes of FPA section 203 and therefore do not require prior FERC approval.  Separately, in ALLETE, Inc., FERC disclaimed jurisdiction under FPA section 205 over certain pre-construction activities and thereby found that ALLETE, Inc. did not need to file three pre-construction agreements with the agency.  Continue Reading FERC Issues Orders Clarifying Jurisdiction Over Specific Project Development Activities

On September 27, 2017, U.S. Senators Jim Inhofe (R-Okla.) and Martin Heinrich (D-N.M.) introduced Senate Bill 1860: A bill to amend section 203 of the Federal Power Act (the “FPA”).  The legislation, dubbed “The Parity Across Reviews Act” (the “Act”), would amend section 203(a)(1)(B) to add a $10 million threshold to the requirement to seek FERC approval prior to a public utility acquiring FERC-jurisdictional facilities.  Additionally, for transactions with a value greater than $1 million, but less than the newly-proposed $10 million threshold, the Act requires FERC to promulgate a rule, within 180 days of the enactment of the Act, that would require a public utility to notify FERC within 30 days of consummating such an acquisition.  Continue Reading Senate Bill Proposed to Add Monetary Threshold to FPA Section 203 Prior Approval Requirement for Facility Acquisitions

On August 10, 2017, Robert Powelson was officially sworn-in as a FERC Commissioner, restoring the three-Commissioner quorum necessary for FERC to resume regular business and vote on matters before it.  Commissioner Powelson joins Commissioner Neil Chatterjee, who was sworn in on August 8, 2017, and Commissioner Cheryl LaFleur.  On the same day as Commissioner Powelson’s swearing-in, President Trump named Commissioner Chatterjee to be Chairman until one of the remaining FERC Commissioner nominees, Kevin McIntyre, is confirmed by the Senate and sworn in. Continue Reading FERC Quorum Restored Following the Swearing-in of Commissioner Powelson; Commissioner Chatterjee Named Interim Chairman

On the evening of August 3, 2017, the U.S. Senate voted unanimously to confirm Neil Chatterjee and Robert Powelson, two of President Donald Trump’s nominees to join Acting Chairman Cheryl LaFleur as FERC Commissioners.  Once Chatterjee and Powelson are officially sworn in at the Commission, the quorum that has been lacking since former Chairman Norman Bay resigned earlier this year will be restored, enabling the Commission to vote on matters before it.  On September 7, 2017, the Senate Committee on Energy and Natural Resources also is scheduled to consider the nominations of Richard Glick and Kevin McIntyre—the final two nominees for the five-member Commission whose names the White House sent to the Senate in August. Continue Reading FERC Quorum Soon to Be Restored as Senate Confirms Neil Chatterjee and Robert Powelson to Serve as Commissioners

On July 20, 2017, the D.C. Court of Appeals (the “Court”) upheld the Public Service Commission of the District of Columbia’s (the “DCPSC”) approval of the merger between Exelon Corporation and Pepco Holdings, Inc. (“Applicants”).  Specifically, the Court held that the DCPSC provided adequate notice to the public of hearings on the merger and the DCPSC adequately explained how its decisions were in the public interest. Continue Reading D.C. Court of Appeals Rejects Challenges to Exelon-Pepco Merger

On July 13, 2017, President Donald Trump announced his intention to nominate Kevin McIntyre of Virginia to serve as a FERC Commissioner for the term expiring June 30, 2018, and an additional term expiring June 30, 2023.  President Trump announced further that upon confirmation by the United States Senate, Mr. McIntyre will be designated Chairman of FERC.  According to the White House press release announcing the intended nomination, Mr. McIntyre has spent most of his nearly 30-year legal career in private practice. Continue Reading President Trump Intends to Nominate Kevin McIntyre as FERC Commissioner and Designate as Chairman

On June 30, 2017, the Massachusetts Department of Energy Resources (“DOER”) informed the Massachusetts Legislature of its adoption of a 200 MWh energy storage target for electric distribution companies (“EDCs”) to procure “viable and cost-effective energy storage systems” within the Commonwealth of Massachusetts.  DOER specified that the target is to be achieved by January 1, 2020, and would permit EDCs to identify the most cost-effective applications and the best locations for energy storage deployment, including both in front of the meter and behind the meter applications. Continue Reading Massachusetts Announces 200 MWh Energy Storage Procurement Target

On June 28, 2017, President Donald Trump announced his intention to nominate Richard Glick, a Democrat from Virginia, to be a FERC Commissioner for a five-year term ending June 30, 2022.  In addition, on June 30, 2017, Commissioner Colette Honorable announced that June 30, 2017 was her final day as a FERC Commissioner and that she would not be staying past her term (see May 9, 2017 edition of the WER). Continue Reading President Trump Plans to Nominate Richard Glick as FERC Commissioner; Commissioner Colette Honorable Departs FERC

On June 22, 2017, both chambers of the New York State Legislature unanimously passed legislation—Senate Bill 5190 and Assembly Bill 6571 (collectively, the “Bill”)—which would require the New York Public Service Commission (“NYPSC”) to commence a proceeding to establish an Energy Storage Deployment Program for the State of New York within ninety days of the Bill’s effective date.  The Bill would also require that, no later than January 1, 2018, the NYPSC establish a target for the installation of energy storage systems through 2030, and programs that will enable the State of New York to meet those targets.  The Bill now heads to Governor Andrew Cuomo for signature. Continue Reading New York Legislature Unanimously Passes Bill Directing NYPSC to Establish Energy Storage Target by January 1, 2018