Notice of EPA Approved Texas NPDES Oil and Gas Program Authorization Published in Federal Register on February 12, 2021

On Friday, February 12, 2021, Region 6 of the U.S. Environmental Protection Agency (“EPA”) published notice in the Federal Register at 85 FedReg 9332 (February 12, 2021) of its January 15, 2021, approval the State of Texas’ October 12, 2020 submittal to the EPA requesting partial National Pollutant Discharge Elimination System (“NPDES”) program authorization for oil and gas discharges (“Notice”). Here is the link to the Notice . A summary of actions leading up to the approval and general information related to the authority of the Texas Commission on Environmental Quality (“TCEQ”) to...

FERC Directs RTOs and ISOs to File Reports on Hybrid Resources

On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order directing each Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) to submit information regarding hybrid resources, or resources comprised of multiple types of generation and/or storage technologies utilizing a single interconnection point. [1] Specifically, FERC directed RTOs and ISOs to submit reports addressing four issues related to hybrid resources: (1) market participation; (2) capacity valuation; (3) interconnection; and (4) terminology. [2] The...
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Nigeria's upstream petroleum sector: looking back at 2020 and looking ahead in 2021

We review what happened in Nigeria’s upstream petroleum sector during the previous year – a year that saw a new marginal field bid round, an oil price crash and the onset of a terrible global pandemic. We also consider what we can expect in 2021 and if this will be the year the Petroleum Industry Bill finally overhauls the sector. What happened in legal matters? Upon his re-election in 2019, President Buhari set out an ambitious plan to pass the Petroleum Industry Bill (PIB) by the end of 2020. He did not achieve that. However, progress was made: the PIB passed its second reading in both the...

FERC Issues Notice of Inquiry on Possible Expansion of Accounting and Reporting Requirements for Renewable Energy Assets

On January 19, 2021, the Federal Energy Regulatory Commission (“FERC”) issued a notice of inquiry to explore the treatment of accounting for certain costs associated with renewable energy assets. [1] Specially, FERC seeks comments from the public on whether FERC should: (1) create new accounts in the Uniform System of Accounts (“USoA”) to include costs associated with non-hydro renewable assets such as solar, wind and biomass; (2) modify FERC Form No. 1 to reflect any accounts ultimately created; and (3) update its accounts to reflect costs related to renewable energy credits (“RECs”)...

FERC Seeks Industry Input on Financial Assurances for Hydro Projects

On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Inquiry (NOI) requesting industry input regarding the scope and necessity of potential financial assurances that it should impose on hydroelectric projects seeking FERC licenses. [1] In opening this NOI, the Commission noted recent experiences where a lack of funding for needed dam safety repairs led to the recent dam failures near Midland, Michigan in May of 2020. This proceeding has been instituted to determine whether additional Commission requirements for financial assurances by...

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