Energy Policy & Legislation

Federal Versus State Jurisdiction in the Electricity Business

Two back-to-back decisions by the Supreme Court in 2016 will fundamentally redefine the jurisdictional split.

If the Supreme Court holds to the principles and logic of its ruling in EPSA, it will restore states’ traditional central role in resource planning.

Byline:

Craig Roach and Vincent Musco

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FPA § 203(a)(1)(B): A Deal is a Deal, No Matter How Small?

With apologies to Dr. Seuss.

There are questions whether FERC and industry resources are being expended on matters once considered, and arguably should continue to be considered, de minimis.

Byline:

Joel deJesus and Carmen Gentile

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FERC Chasing the Uncatchable

Trying to fix mandatory capacity markets like trying to win whack-a-mole, Part I

FERC’s efforts to get capacity markets “right” have led to endless – and futile – tinkering. The cure proposed – making capacity auction markets mandatory – has unfortunately proved far worse than the disease.

Byline:

Delia Patterson and Harvey Reiter

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Response to Radford Re: EPSA Complaints at FERC on Ohio Contracts

A response to the ‘Following FERC’ column by Bruce Radford in our April 2016 issue.

The PUCO was not, and never will be, in a position to ensure terms of PPAs meet requirements of FPA.

Byline:

John E. Shelk

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Illicit Marketing Practices

State PUCs take aim at unscrupulous electric and gas suppliers.

We’ll cover state PUC rulings from New York, Pennsylvania, Illinois, and Ohio, dealing with 1) billing overcharges, 2) deceptive promises of savings, 3) faulty enrollment practices, 4) “slamming,” 5) misleading sales scripts used in telemarketing, 6) hidden fixed charges, and 7) concealed pass-through clauses.

Byline:

Phillip Cross

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Order 745: Challenge to Plain Old Power Markets

The Order will extend application of load-reducing technologies and marketing to a new class of services.

The marginal external benefits provided by demand response prove more than sufficient to overcome concerns that paying LMP was too expensive.

Byline:

Charles Cicchetti

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Obligations and Opportunities: Wires Cos. Plug In to Clean Power Plan

Vol. 1: “If It’s Stayed, Why Should I Go?”

When the the Clean Power Plan is reviewed on the merits in Fall 2017, Justice Scalia will have been replaced, and the newest justice may hold the key to the fate of the plan.

Byline:

Brendan Collins

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Response to Brown Re: Net Metering

A response to the letter to the editor by Ashley Brown in our February 2016 issue.

Is rooftop solar more like an independent power producer, subject to societal regulation and policy, such as wholesale-level regulation or retail-level resource planning? Or is the electricity that is produced a private consumer good, immune from regulation, policy, and planning?

Byline:

Charles Cicchetti

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Fate of Conservation Mandates

Many states allow private opt-outs, but Florida bucks the trend.

Should regulators allow customers opt-out, on the theory they know best? Or should all customers be made to participate?

Byline:

Phil Cross

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The Long and Short of Grid Congestion

FTRs make hedging possible, but can PJM ensure full funding without playing favorites?

Financial traders believe PJM’s proposal discriminates since they are more likely to hold counter-flow FTRs.

Byline:

Bruce W. Radford

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Energy Policy & Legislation