FERC Reverses Broadview on Rehearing; Reinstates Focus on Output in Evaluating 80 MW Cap for QFs

On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC , 174 FERC ¶ 61,199 (2021) (“ Broadview 2021 ”). The order, which is highly favorable to the renewable energy industry, reversed FERC’s September 1, 2020 holdings in Broadview Solar, LLC , 172 FERC ¶ 61,194 (2020) (“ Broadview 2020 ”) that the evaluation of whether a project complies with the 80 MW limit on the power production capacity of a small power production qualifying facility (“QF”) under the...

FERC Delays Implementation of New MBR Database Reporting Requirements and Clarifies Obligation To Report Upstream Owners

On March 18, 2021, in response to a petition seeking clarification regarding the treatment of certain institutional investors for purposes of the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) regulations, FERC issued an order addressing the scope of the obligation of public utilities selling at market-based rates (“MBR”) to identify and report their upstream owners and affiliates. [1] For purposes of the order, FERC defined utilities as including public utility operating companies, such as electric utility companies or transmitting utilities, and holding company systems...

FOIA's Deliberative-Process Privilege and the ESA

The Supreme Court delivered its opinion in U.S. Fish & Wildlife Service v. Sierra Club on March 4, 2020 and held that agency documents that lack a legally operative effect are likely to qualify for the deliberative process exemption under the Freedom of Information Act. The deliberative process exemption allows agencies to withhold inter- and intra-agency memorandums, letters, and other communications created during an agency’s decisionmaking process. 1 Draft documents exchanged within or between agencies that never become final or legally operative may not be obtained through FOIA, even...

Expectations for Offshore Wind Under the Biden Administration

President Joe Biden’s arrival at the White House in January was, as customary for any new executive branch leader, met by outsized expectations on the part of supporters and detractors alike. Among the countless areas of public policy set to be affected by the new administration, perhaps no one issue is more anticipated to be in play than energy and environmental policy. The heightened set of expectations around energy policy began with the campaign, when Team Biden consistently placed climate change issues among its leading priorities — a trend that noticeably continued with Cabinet picks,...

Regulators to Review Market Design and Reliability Following 2021 Polar Vortex

Background Over Presidents’ Day weekend 2021, an unprecedented cold weather event hit the Midwest and South central United States. The storm led to major disruptions to infrastructure throughout the region, including icy road conditions, frozen pipes, and an estimated 3 million Texans still without power. [1] This is the result of a confluence of circumstances, including but not limited to frigid temperatures freezing generation and transmission equipment, shortages in natural gas supply and energy demand greatly exceeding supply, and Texas’ practice of operating separately from the rest of...

Pages