Calendar of Events

May 29, 2013 to May 30, 2013 | Chicago, IL
Jun 09, 2013 to Jun 12, 2013 | San Francisco, CA
Jun 10, 2013 to Jun 12, 2013 | Boston, MA

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Public Utilities Reports

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Commission Watch

Transmission Policy in Flux

More planning, fewer incentives, and a black swan on the horizon.

David Raskin

The transmission superhighway still needs major investments. Rate incentives were working -- until FERC started backing away from them. FERC should assert its authority more aggressively to promote the vision of a robust interstate grid.

Rethinking Capacity Markets

A pragmatic new approach to assuring reliability.

Randall Speck and Kimberly Frank

The latest dispute over PJM’s bidding rules has raised the level of uncertainty in organized electricity markets. Efforts at reform have created a market structure so jumbled that it can’t produce just and reasonable rates -- or assure adequate supply resources. It’s time for FERC to consider alternative approaches to market design.

Solar Screen Test

Making room on the local grid for small-scale PV.

Bruce W. Radford

For the first time, perhaps, the electric utility industry may need to keep track not only of peak load, but also of minimum load, as the Federal Energy Regulatory Commission reviews a proposal by the Solar Energy Industries Association to employ a new definition of minimum load under a new, relaxed threshold test that would govern eligibility for fast-tracking of applications by generation developers to interconnect new, small-scale solar energy projects to the local utility distribution grid.

Baghouse Bottleneck

EPA, mercury and electric reliability.

Bruce W. Radford

The energy industry has known for decades that federal regulators eventually would set rules under the Clean Air Act to govern emissions of mercury and other air toxics from coal-fired power plants. However, with the U.S. Environmental Protection Agency now having issued a final mercury rule, along with guidelines for possible extensions of the compliance deadline, utilities and power plant owners finally have a clear idea what they are up against. And the outlook isn't pretty. The challenge is to retrofit many hundreds of generating plants across the country--and all on the same three-year compliance schedule. Yet two wildcards remain in play: what deference the EPA will give to electric reliability needs, as it "consults" with the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Council; and how effective FERC Chairman Jon Wellinghoff will be as Republican leadership in Congress works to derail the new rules.

Bench Report: Top Ten Legal Decisions of 2010

2010 Law & Lawyers Report

Bruce W. Radford

1. Private Bargaining vs. Public Interest; 2. Negawatts = Megawatts?; 3. Smart Grid Skeptics; 4. Troubled Waters; 5. $1 Billion Down the Drain; 6. Feed-In Frenzy; 7. Spreading Downwind; 8. Violator Beware; 9. Greenhouse Two-Step; 10. SPP’s ‘Highway/Byway’ Plan.

Baked-In or Decoupled?

Rate case risk in a climate of declining sales.

Phillip S. Cross

(November 2010) Data from 2010 ROE Survey documents the industry’s struggle to reconcile rate trackers and decoupling provisions in utility rate cases.

One if by Wholesale, Two if by Retail

Which path leads to the smart grid?

Bruce W. Radford

A fierce debate has erupted in the utility policy community, with battle lines drawn within FERC itself. In the effort to improve system efficiency, two competing alternatives stand out: to build the smart grid on large-scale demand response (DR) programs, or to build it around consumer behavior in retail markets.

Every Last Penny

Transmission cost allocation, the worth of the grid, and the limits of ratemaking.

Bruce W. Radford

A look at the issues that the Federal Energy Regulatory Commission must address concerning allocation of costs for certain high-voltage transmission lines 500kV or greater, planned for the PJM region, in the “paper hearing” on remand from the 7th Circuit federal court decision that rejected a socialized, region-wide sharing of costs among all utilities and customers across the RTO footprint.

PURPA's Changing Climate

California defends its cogen feed-in tariff—complete with its own virtual carbon tax.

Bruce W. Radford

California’s new feed-in tariff (FIT) is creating a burgeoning market for green energy investments, but the policy has sparked a fierce battle over state authority to dictate wholesale power transactions. A federal case will determine whether the 1978 Public Utility Regulatory Policies Act pre-empts states from requiring purchases that exceed utilities’ avoided cost.

When Markets Fail

New England grapples with excess capacity and rock-bottom prices.

Bruce W. Radford

Corrosive.” “Seriously flawed.” On the “brink of market failure.”That’s what critics say about New England’s forward capacity market (FCM), whereby ISO New England conducts auctions to solicit offers from project developers to make electric capacity available three years into the future to meet anticipated regional demand.

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