Court Stay of Regional Haze Rule Adds to Judicial Scrutiny of EPA Authority

On July 15, 2016 the U.S. Court of Appeals for the Fifth Circuit granted a stay of the Environmental Protection Agency’s (EPA) regional haze rule for Texas and Oklahoma pending judicial review. The decision questions the Agency’s ability to claim that regional rules have national scope and adds to the list of pending litigations against EPA regulations, most notably, the Supreme Court’s February action granting a stay of the Clean Power Plan (CPP) which set carbon dioxide regulations for existing fossil fuel-fired power plants. Ongoing litigations highlight increasing judicial scrutiny of EPA regulations due to accusations of overreach and failure to properly consider costs and impacts of proposed or finalized rules.

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New York Proposes Nuclear Subsidy Based on Social Cost of Carbon

The New York State Public Service Commission (NY PSC) has issued a proposal to subsidize nuclear power generating facilities that may otherwise be retired to preserve their zero-emission attributes as part of the state's Clean Energy Standard (CES). The subsidy program could prompt additional policy changes, especially in terms of market design, as retention of existing nuclear plants requires long-term financial viability, which in turn hinges on wholesale markets recognizing the benefits of nuclear power.

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RGGI Examines Tightening Emissions Cap to Comply with Clean Power Plan

As part of their 2016 Program Review, member states of the Regional Greenhouse Gas Initiative (RGGI) are examining opportunities to link RGGI with the Clean Power Plan (CPP), such as altering or removing the program’s Cost Containment Reserve (CCR) to address oversupply of allowances while preserving a mechanism to prevent price volatility. The alignment of RGGI control periods with CPP interim step periods would facilitate market expansion, as RGGI is the primary CPP compliance mechanism for member states and continues to draw attention from non-RGGI states. As the legal fate of the CPP is still pending, with an outcome that will have notable implications on allowance prices, clarifications regarding RGGI’s post-2020 cap will help reduce regulatory uncertainty in the RGGI market.

EnerKnol’s Visual Primer – Electricity Markets

As the one-way electric grid evolves into an intelligent, two-way platform, ISOs and RTOs are tasked with balancing the impacts of the changing energy landscape together with public policy actions set at both federal and state levels. While ISOs can employ innovative market designs that can help state policies achieve their goals, challenges arise when policymakers impose conditions on the markets that cannot be priced. These challenges are further amplified when policymakers within a single market footprint take different actions that potentially contradict each other. EnerKnol’s Primer on Electricity Markets highlights these major driving changes in the wholesale markets, and more.

New York Green Bank Highlights Role of Innovation in Solar Financing

On May 12, 2016, New York Governor Andrew M. Cuomo announced several new NY Green Bank transactions to fund solar installations and energy efficiency initiatives. With its evolving Green Bank, New York now joins Connecticut, which established first U.S. Green Bank, in leading the way to facilitate low-cost financing for clean energy by leveraging private capital. The success of Connecticut and New York’s green banks shows that public-private partnerships can outshine direct subsidies to clean energy and efficiency projects. As long as funding streams are available, green banks can amplify the impact of private investments and open additional sources of funds.

New York Adopts New Revenue Model for Electric Utilities under REV

On May 19, 2016, the New York State Public Service Commission (NY PSC) issued an order adopting a framework for a ratemaking and utility revenue model under the Reforming the Energy Vision (REV) initiative (Case 14-M-0101). The Order is a major step forward in providing a framework for utilities to generate revenue as distributed system platform (DSP) providers under REV. Utilities will be required to develop retail markets for DER, such as solar, geothermal, wind, fuel cells, combined heat and power, battery storage, energy efficiency, and other advanced energy services.

New York Joins Better Buildings Accelerator to Foster Combined Heat and Power

On May 13, 2016, the New York State Energy Research and Development Authority (NYSERDA) announced its partnership with the Department of Energy's (DOE) Better Buildings Combined Heat and Power Resiliency Accelerator to foster combined heat and power (CHP) technologies for improved efficiency and enhanced resiliency. Multi-strategy initiatives such as the Better Buildings and Energy Data Accelerators, working in partnership with state and local governments, will have direct impact on utility Demand Side Management Portfolios, and the outcomes of state policies, such as those set in New York, could set precedent in other regions.