New York regulators and transmission operators consider a carbon adder for wholesale electricity.
The New York Independent System Operator (NYISO) operates the state’s electric grid and conducts wholesale power markets. The New York Department of Public Service regulates the state’s investor-owned electricity providers. Together, they have issued a report concluding that the state, ratepayers, and the environment would benefit from placing a charge on wholesale electric power to …CONTINUE READING
The Second Circuit has carved out some safe space for state renewable energy programs.
An important Second Circuit ruling in June should help clarify some of the lingering legal issues about state efforts to expand renewable energy. Judge Calabresi’s opinion in Allco Finance v. Dykes rejected claims that Connecticut’s policies interfered with interstate commerce and invaded an area of exclusive federal regulation. This will be a useful precedent for …CONTINUE READING
We don’t foresee changes to FERC jurisdiction or Commerce Clause validity
The California Independent System Operator — known as CAISO — is considering expanding its footprint to include Pacific Corp as a participating transmission owner. CAISO recently commissioned a study that Professor William Boyd of the University of Colorado and I authored, in consultation with Ethan Elkind of Berkeley and UCLA and Sho Sato Professor …CONTINUE READING
Court validates federal rule to encourage more efficient electricy usage
The future of a clean electricity grid will require more decentralization based on clean technology, like solar and energy storage. Large industrial customers are investing in these technologies and also signing up to moderate their electricity demand in response to larger grid needs (i.e. reducing usage when electricity becomes expensive and dirty to produce). Smaller …CONTINUE READING
Henry Waxman urges FERC to act on greenhouse gas emissions.
In a Congressional hearing this morning, Congressman Henry Waxman had a rare chance to face all five sitting members of the Federal Energy Regulatory Commission (FERC) at the same time to talk about climate change. He took the opportunity to point out UC Berkeley’s recent report on FERC’s authority under existing law to reduce greenhouse …CONTINUE READING
A new report shows that FERC has extensive power to address climate change.
The U.S. Environmental Protection Agency (EPA) has captured the attention of the energy world with its proposed regulations to reduce greenhouse gas emissions from existing power plants – and for good reason. The EPA’s authority is broad and its resolve to address climate change is evident. But other federal agencies are in a position to …CONTINUE READING
Joel B. Eisen is Professor of Law and Austin Owen Research Fellow at University of Richmond School of Law. His scholarly work is available here. Last Friday (May 23), in Electric Power Supply Association v. FERC, a D.C. Circuit panel split 2-1 and vacated Order 745, a Federal Energy Regulatory Commission (FERC) rule designed to …CONTINUE READING
I’ve written before about how fossil fuel industries have a strong incentive to kill (or at least stop the rise of) renewable energy now, so that it doesn’t become a powerful political force. If renewable energy does become a strong enough political force, then there is a risk that it might provide support for ending …CONTINUE READING
Thanks to Ann Carlson for pointing out the significant decision recently issued by 7th Circuit Court of Appeals related to allocating the cost for new electric transmission lines and for so concisely describing its complicated fact pattern. But I have to respectfully disagree with Ann’s suggestion that this decision has cast any meaningful doubt on …CONTINUE READING
Court Casts Doubt on Constitutionality of Michigan’s Renewable Portfolio Standard, Upholds Cost Sharing for Transmission Lines
In an important victory for the Federal Energy Regulatory Commission (FERC) — and in my view for renewable energy more generally — the U.S. Court of Appeals for the 7th Circuit has upheld a FERC order that helps finance transmission lines to carry renewable energy from rural areas to urban centers in the midwest and …CONTINUE READING