California Addresses Gas Shortage Risks Following Aliso Canyon Leak

On April 5, 2016, California energy agencies released an action plan identifying measures to preserve gas and electric reliability in the greater Los Angeles area following a major leak at the Aliso Canyon underground natural gas storage facility. The plan is expected to reduce the possibility of electric interruptions, although it will not completely eliminate the risk. The incident, which has triggered regulatory efforts at state and federal levels, could bolster the Administration’s plans to curb methane emissions and further regulate underground storage.

Utah Law Expands Energy Storage Markets to Meet Growth of Renewables

On March 29, 2016, Utah signed into law the Sustainable Transportation and Energy Plan Act (SB 115), which establishes utility investments in battery storage, electric vehicle infrastructure, and several clean energy programs. The new law seeks to boost energy storage solutions to improve the reliability and cost-efficiency of the electric grid, and joins a list of states enacting similar measures, including California, New York, and Texas. New regulatory measures at the state level will expand opportunities for emerging storage technologies, such as lithium-ion batteries, flywheels, and sodium-sulfur battery systems, to provide better operational flexibility and faster response.

DOE Sets Precedent with Interstate Transmission Project Overriding State Concerns

On March 25, 2016, the Department of Energy (DOE) announced its decision to participate in the development of the Plains & Eastern transmission project, a 705-mile direct current transmission line, which would deliver approximately 4,000 MW of wind power from the Oklahoma and Texas Panhandle regions to the Mid-South and Southeast. The decision marks the first time that the DOE has used congressional authority under the 2005 Energy Policy Act that allows the Department to bypass state approval by directly partaking in a major interstate infrastructure project. Should the project succeed, many others could follow, boosting the development of renewable energy in the wind and solar regions in the upper Great Plains, Rocky Mountains, and Southwest desert.

PHMSA Proposes Revisions to Expand Scope of Natural Gas Pipeline Safety Regulations

On March 17, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed revisions to safety standards for onshore natural gas transmission and gathering pipelines. The revisions could impose significant regulatory requirements for additional miles of natural gas pipelines, including pre-1970 pipelines previously exempt from PHMSA regulations, and are estimated to cost industry between $39.8 and $47.4 million a year. Regulatory requirements for automatic shut-off valves and underground storage have been postponed for future rulemaking.

California Tariff Proposal Opens Wholesale Market to Small Distributed Energy Resources

New policy proposals at both regional and state levels could increase access to wholesale markets for aggregated distributed energy resources (DERs). The California Independent System Operator (CAISO) filed tariff revisions with the Federal Energy Regulatory Commission (FERC) on March 4, 2016, to enable aggregated DER to participate in the ISO’s wholesale markets. DER initiatives in New York, Hawaii, and Texas could also identify optimal solutions to balance renewable energy growth with grid safety and reliability. Access to these markets will be a critical advancement for rooftop solar and solar storage, particularly as DER adoption continues to expand with enhanced technology capabilities, environmental regulations, and fossil-fuel retirements.

Oregon Bill Sets Precedent To Phase Out Coal

Oregon’s SB 1547, signed into law on March 8, 2016, will phase out coal-fired generation from the state’s electricity mix by 2035 and double the state’s Renewable Portfolio Standard (RPS) to 50 percent by 2040. The coal phase-out will require utilities to cease importing coal-fired power to Oregon customers, while the ambitious RPS goal will shape the state’s energy mix, corresponding with renewable generation’s ability to displace fossil fuels.

Washington DC Regulators Propose Additional Requirements For Exelon-Pepco Merger

On February 26, 2016, the Public Service Commission of the District of Columbia (DC PSC) rejected a proposed merger for Exelon Corporation’s acquisition of Pepco Holdings, but proposed alternative terms that would require active participation in renewable energy initiatives and improved cost allocation. The growing complexity of the approval process demonstrates the need for more flexible merger plans that address infrastructure modernization and environmental goals.

New York Seeks To Redesign Compensation To Keep Nuclear Plants Alive

On February 23, 2016, the New York State Public Service Commission (NY PSC) announced a plan to preserve financially-struggling nuclear power plants, which, if closed, would negatively impact the state’s ability to meet its clean energy and emissions reduction objectives. The plan could set the stage for additional policy changes, since sustained operation of existing nuclear plants requires long-term financial viability facilitated by an effective market design that recognizes the range of nuclear benefits.

FERC’s Revised Critical Infrastructure Protection Demands Active Vigilance

The FERC’s Critical Infrastructure Protection (CIP) Version 5 standards are based on a tiered impact rating methodology, which would bring all cyber assets that could impact BES facilities into the scope of the CIP standards. The CIP Version 5 standards require that responsible entities actively consider the BES security needs beyond mere compliance with minimum standards.

Supreme Court Halts Clean Power Plan Over Concerns Of EPA Overreach

The Supreme Court’s unprecedented move to halt the Clean Power Plan is a major setback to a rule that forms the centerpiece of President Obama’s broader plan to address climate change and reflects the Court’s concerns over EPA overreach. State utility regulators now have to carefully decide whether to suspend or pursue compliance planning efforts given uncertainties over the outcome of the judicial review. Climate change, which has traditionally drawn little attention from voters, is likely to become a prominent factor in the 2016 presidential election.

State Commission Findings Influence Ongoing Net Energy Metering Valuation Debate

California’s decision to retain retail rate net metering is in stark contrast to a December 2015 decision in Nevada that changes the compensation for solar providers from retail to much lower wholesale rates and also decreases the credit solar owners receive for net excess generation. Of key interest is whether the controversial decisions – particularly in Nevada – will set precedent for other ratemaking decisions across the nation. Some states have initiated studies or opened dockets to address these issues, and others have effected changes, and critical findings across commissions will influence the outcomes in other states.

U.S. Supreme Court Ruling Heightens Need For Demand-Response Regulatory Coordination

Key Takeaways: The Supreme Court ruling on FERC Order 745 establishes the Federal Energy Regulatory Commission’s (FERC) jurisdiction over demand response (DR) in the wholesale energy market The ruling will ensure that eligible DR resources receive the same compensation as generation resources, facilitating increased DR participation in wholesale energy markets The decision will further the…...