Insights

Washington, D.C. – January 13, 2015: Crowell & Moring LLP is pleased to announce the publication of its third annual "Litigation Forecast: What Corporate Counsel Need to Know in the Coming Year," and the introduction of its first-ever "Regulatory Forecast 2015: What Corporate Counsel Need to Know in the Coming Year."

Washington, D.C. – July 1, 2013: Crowell & Moring LLP has bolstered its national Environment, Energy & Resources Group with the addition of a six-member energy team from Dickstein Shapiro LLP. The new additions include partners Larry F. Eisenstat, who led Dickstein's Energy Group, and corporate-transactional partners Patrick W. Lynch, and Jonathan C. Odell. Also joining with the team is senior policy advisor Patricia M. Alexander, counsel Deborah A. Carpentier, and associate Diana A. Jeschke.

On June 16, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing significant reforms to the procedures under which electric generators obtain interconnection to the transmission grid and which are intended to address the current interconnection queue backlogs and delays. FERC proposes to mandate that transmission providers study interconnection requests in clusters, rather than the current inefficient serial study process used by many utilities, and to take a first step toward addressing the uncertainty caused by inconsistent procedures for neighboring “affected systems” to make a claim for the generator to pay for transmission upgrades on its system by creating a standardized process for affected system participation in the interconnection study process. But the proposal also could create new, unnecessary obstacles to interconnection, and it fails to address some significant barriers to interconnection such so-called participant funding rules under which interconnection customers can be saddled with the full cost of system expansions, ignoring the fact that other system users benefit from these expansions.

As the Federal Energy Regulatory Commission (FERC) considers changes to Order No. 860 requirements, it has now delayed the order’s effectiveness for three months to July 1, 2021, and in so doing, it has clarified its definition of “Affiliate” for market-based rate (MBR) purposes. 

In September 2020, the Federal Energy Regulatory Commission (FERC) reversed 40-year old precedent by revoking the qualifying facility (QF) status of the Broadview facility made up of a 160 MW solar array and a 50 MW battery storage resource, as well as inverters that convert the direct current (DC) electricity generated by the solar panels into alternating current (AC) electricity, which (after subtracting parasitic load) physically limit the capacity that can be delivered to the grid to 80 MW, ruling at that time that capacity must be measured based on the DC capabilities. Last week, FERC reversed that decision. With its reversal, FERC again will apply the 80 MW size limit for small power production qualifying facilities to the amount of power that can be delivered to the grid, allowing the QF to take output limitations into account, such as where inverters are necessary for the QF’s ability to convert DC power to AC power in order to put power onto the grid at the interconnection point. However, FERC’s order also finds that mechanical means of limiting output presents a special circumstance for demonstrating QF eligibility. As such, facilities self-certifying to QF status through FERC Form 556 should take care to fully justify such special circumstances. 

The transmission industry faces huge challenges and a growing need for investment. A new Trump Administration has called for trillions in infrastructure investment, but it isn’t clear where electric transmission fits in those plans. Renewable energy is replacing fossil generation on an accelerating basis, increasing system peaks while fueling integration concerns. Regional solutions could enhance system resiliency and economic performance, but the effectiveness of FERC Order 1000 processes is under examination. One thing is certain: both transmission operations and the opportunities for investment will radically change.

Energy storage is poised for exponential growth! The demands of the modern electric system, featuring massive infusions of renewable energy and DERs, are driving states, markets and utilities to spur investment in storage systems and technologies. California-style state procurement mandates are emerging in other states, C&I customers are installing storage as part of their energy management and sustainability initiatives, RTOs and ISOs are working on storage products and services, and utilities are adding storage assets to their grid management toolkit. Hundreds of megawatts of storage projects are in the pipeline, rivaling the early growth rate of solar.

This three-day program features two distinct events:  The Transmission Executive Forum will address Transmission’s Role in the Grid of the Future. Transmission systems, and the business models of their owners and operators, face their largest fundamental challenges in over 100 years. From responding to the demands of rapidly expanding renewable energy and the outside-in pressures of distributed assets, to the practical need to increase capacity without drastically expanding the use of rights of way, the stakes for transmission planners and policy-makers have never been higher. This program will discuss the technologies, techniques and business strategies that will drive success with senior utility and grid technology executives.  At Transmission Summit 2016, senior executives from the largest and most active transmission owning and developing companies in North America will meet to discuss the biggest challenges and opportunities facing the electric transmission industry. 

Please join members of Crowell & Moring’s Energy Group for a webinar as they discuss FERC’s new requirement for baseline submissions under FERC Order No. 860.