Appellate Court Upholds FERC Ruling Regarding “Right of First Refusal”
Posted on Jul 8, 2016 in Litigation, Regulation & Policy | Comments Off on Appellate Court Upholds FERC Ruling Regarding “Right of First Refusal”
The U.S. Court of Appeals for the D.C. Circuit upheld a rule preventing utilities from relying on a “right of first refusal” for transmission projects in Southwest Power Pool’s region, opening up competitive bidding. Oklahoma Gas & Electric Co. and other utilities sued the Federal Energy Regulatory Commission (FERC) in December 2014, arguing that it gave up some transmission...
SCOTUS Gives FERC Approval to Reshape Power Markets
Posted on Jan 26, 2016 in Legislative & Politics, Rates, Regulation & Policy | Comments Off on SCOTUS Gives FERC Approval to Reshape Power Markets
In a 6-2 vote, the justices held that the Federal Energy Regulatory Commission (FERC) had authority under the Federal Power Act to issue the so-called demand-response rule, reversing the D.C. Circuit’s decision that the rule usurped state authority over retail electricity markets. Writing for the majority, Justice Elena Kagan said that demand response directly affects wholesale...
FERC Case Leads to Changes in MISO Auction Rules and Potential Consumer Refunds
Posted on Jan 13, 2016 in Rates, Regulation & Policy | Comments Off on FERC Case Leads to Changes in MISO Auction Rules and Potential Consumer Refunds
Southern Electric Cooperative was a complainant in a Federal Energy Regulatory Commission (FERC) case that led to the agency issuing an order to correct alleged market manipulation by Midcontinent Independent Systems Operator in connection with its 2015-2016 Planning Research Auction.
Eighth Circuit Upholds FERC Rule on Coop Avoided Cost Rates
Posted on Oct 8, 2015 in Rates, Regulation & Policy, Renewable Energy | Comments Off on Eighth Circuit Upholds FERC Rule on Coop Avoided Cost Rates
The U.S. Court of Appeals for the Eighth Circuit has upheld the long-standing determination by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by a distribution cooperative for energy purchased from a qualifying cogeneration or small power production facility (QF) is the same as the avoided cost rate of the distribution coop’s generation and transmission...
NRECA Urges FERC to Limit EPA’s Clean Power Plan
Posted on Feb 20, 2015 in Environmental, Regulation & Policy | Comments Off on NRECA Urges FERC to Limit EPA’s Clean Power Plan
The National Rural Electric Cooperative Association (NRECA), a group representing over 900 private, not-for-profit electric cooperatives in the U.S., has urged the Federal Energy Regulatory Commission (FERC) to limit the impact of the U.S. Environmental Protection Agency’s (EPA) proposed Clean Power Plan. The proposal calls for cuts in carbon dioxide emissions from existing...
Federal Court Delays Mandate Overturning FERC Order 745
Posted on Oct 22, 2014 in Litigation, Regulation & Policy | Comments Off on Federal Court Delays Mandate Overturning FERC Order 745
The federal court that recently overturned the Federal Energy Regulatory Commission’s (FERC) controversial Order 745, which required consumers be paid for using less power during high-demand periods, has granted FERC’s petition for a stay. The federal court said it would delay its mandate until December 16. During the stay, FERC could file a writ of certiorari to the U.S. Supreme...
Federal Court Sides with Coops over FERC’s Demand Response Request
Posted on Oct 1, 2014 in Legislative & Politics, Litigation, Rates, Regulation & Policy | Comments Off on Federal Court Sides with Coops over FERC’s Demand Response Request
A federal court rejected a request from the Federal Energy Regulatory Commission (FERC) to review its decision against a FERC demand response order. FERC’s Order 745 issued in 2011 required that demand response participants in organized markets be compensated at full retail market price when they refrained from using electricity. The National Rural Electric Cooperative Association...
Michigan Coop Asks FERC to Change Cost Order
Posted on Sep 29, 2014 in Grid & Infrastructure, Regulation & Policy | Comments Off on Michigan Coop Asks FERC to Change Cost Order
Michigan’s Cloverland Electric Cooperative (Cloverland) has asked the Federal Energy Regulatory Commission (FERC) to reverse an order requiring Cloverland to pay potentially millions in costs for a plant from which Cloverland argues it derives no direct benefit. When investor-owned utility We Energies decided to close its coal-fired Presque Isle Power Plant, the Midcontinent...
Court Denies Review of FERC Demand Response Rule
Posted on Sep 19, 2014 in Energy Savings Programs, Litigation, Rates, Regulation & Policy | Comments Off on Court Denies Review of FERC Demand Response Rule
The United States Court of Appeals for the District of Columbia Circuit will not review en banc a three-judge panel ruling that rejected the Federal Energy Regulatory Commission’s rulemaking on demand response compensation. The panel had found that Order No. 745 violates the Federal Power Act by impinging upon state jurisdiction over retail rates. Please click here for more...
Court Strikes Down New Jersey Power Plant Subsidy Program
Posted on Sep 15, 2014 in Grid & Infrastructure, Litigation, Project Development, Regulation & Policy | Comments Off on Court Strikes Down New Jersey Power Plant Subsidy Program
The U.S. Court of Appeals for the Third Circuit has determined that New Jersey’s Long-Term Capacity Agreement Pilot Program impinges on the jurisdiction of the Federal Energy Regulatory Commission over wholesale sales of capacity in interstate commerce. The ruling is the latest in a string of similar cases in which state subsidy programs have been struck down on jurisdictional...
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