Fortnightly Magazine - November 2009

Green Contracting

Structuring renewable agreements to survive change.

The potential for a federal renewable energy standard (RES) and carbon regulation, considered with the effect of state-imposed renewable energy standards, is fueling a strong, but challenging, market for renewable energy. Utilities are competing to sign up the best new projects, the types of renewable technologies available are increasing, and there are various government stimulus programs for energy; yet, the financial markets still are hesitant. Against this backdrop, how should contracts for power from new renewable resources be shaped so that those deals will look as good five, 10 and 15 years after execution as on the day the ink dries?

Annual ROE Survey: Austerity Savings

Volatile economic conditions push regulators in new directions.

(November 2009) Regulators are in the unenviable position of determining an allowance for ROE that’s fair to consumers and investors in a volatile economy. The cases that stand out this year are those in which regulators explored the limits of their discretion.

Policy Shift: 2009 Law & Lawyers Report

Legal and regulatory changes are transforming the industry.

This year has marked a sea change in energy policy, from environmental compliance to transmission pricing. Fortnightly interviews top lawyers to better understand how regulatory developments are affecting the power and gas industries.

Active Demand Management

A system approach to managing demand.

To fulfill the promise of the smart grid, utilities need to give consumers a greater range of options as well as the education to make sustainable, energy-saving decisions. That includes integrating demand management into the utility back-office.

Integrating New England Renewables

How to manage the green revolution.

Dramatic changes are coming to the electric industry, sparked by a surge of renewable energy and related transmission. Growth in demand-side resources, conservation and smart technologies will add integration dilemmas to an already complex power system.

Regulatory Reform in Ontario

Successes, shortcomings and unfinished business.

A rebuttal to conclusions made in three Fortnightly articles that service quality declined in Ontario because of a performance-based regulation plan implementation.

O Pioneers!

A land rush in the burgeoning home energy management market.

The Prius Effect—a term that’s gained currency in sustainability circles—is shorthand for the strong link between information and behavior demonstrated by the popular Toyota hybrid. The car was among the first to provide a real-time fuel consumption gage on the dash; step hard on the gas, watch the MPG gage go down. Coast gently along and see the savings. Drivers with the gage become aware of—even obsessive about—the way their driving habits affect consumption, and by extension, cost.

Bench Report: Top 10 Groundbreaking Legal Decisions in 2009

1. High Court Reconsiders ‘Just and Reasonable’ Standard; 2. EPA Endangerment Finding: Implementing; 3. Paying the Postage for Grid Expansion; 4. Weighing the Certainty of Climate Change; 5. Lawful Emissions Deemed Public Nuisance; 6. Not Quite a Leak-proof Backstop; 7. FERC Bends Rules to Boost Renewables; 8. An ‘Anchor’ for Merchant Transmission; 9. Texas Throws a Curve at Small Wind Developers; 10. Resource Adequacy.
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