Law & Lawyers

The Case for Smart Grid

Funding a new infrastructure in an age of uncertainty.

The world’s electricity supply will need to triple by 2050 to keep up with demand. What follows is a look at where we are, and what may lie ahead, with a focus on the the scope of the problem, regulatory reform initiatives now underway, and how to go about rethinking the business models that might evolve.

Rethinking Regulation

Not so Fast: Why the Electric Industry May be Heading in the Wrong Direction

Utility regulation will often display the power of special interests, which may only appeal to a narrow set of interests. Public officials need to step and serve the broader public.

Electric Vehicle Charging: Tariffs and Tradeoffs

We examine various types of charging strategies and infrastructure available today and report on the experience gained from rate structures for electric vehicle charging now being offered at four different utilities. These findings lead us to provide recommendations to achieve more productive use of the electric grid.

Reaching for the Cloud

Utilities house pools of data in the Internet ecosystem, striving for efficiencies.

Business decisions may be easier to come by at utilities now that new technologies are capturing their data from a multitude of sources and storing it in the “cloud” where it can be accessed by analysts and authorized personnel.

Digest (March 2015)

Pacific Gas and Electric and automaker BMW are teaming up to test the ability of EV batteries to provide services to the electric grid; MidAmerican Energy completed work on four of five wind farms across Iowa that make up its Wind VIII project; GE received an order from the Tennessee Valley Authority to supply two high-efficiency 7HA.02 gas turbine generators for the new combined-cycle Allen plant; Appalachian Power plans to rebuild the existing South Bluefield-Wythe 69-kV transmission line; Bechtel partnered with Westinghouse Electric to provide decontamination and decommissioning services for nuclear power plants throughout the U.S.; SunEdison and Omnigrid Micropower signed a framework agreement to develop 5,000 rural projects, representing 250 MW of electricity, throughout India; The Tennessee Valley Authority and DuPont partnered to generate power and steam at TVA's Johnsonville site in Tennessee; and others.

Splitting the Difference on Coal Ash

Industry wins exemption for ‘beneficial use’ but faces tighter rules on impoundments and landfills.

The EPA only has limited authority to implement and enforce a Subtitle D nonhazardous waste rule, like the coal combustion residuals rule. As a result, EPA had to promulgate the standards as “minimum federal criteria” that states are encouraged to adopt as part of their Subtitle D programs (but EPA cannot actually require states to adopt or implement these requirements.) Nonetheless, the new minimum criteria do indeed serve as legal standards that an owner or operator of a coal combustion residuals disposal unit must meet.

Transactions (April 2015)

Chesapeake Utilities agreed to acquire Gatherco for $59.2 million, merging it into wholly-owned subsidiary Aspire Energy of Ohio; Canadian Solar agreed with Sharp Corp. to acquire Recurrent Energy for $265 million; Iberdrola USA agreed to acquire UIL Holdings and create a newly listed U.S. publicly-traded company with a rate base of approximately $8.3 billion; Plus debt offerings from Williams Partners and Cheniere Energy.

EPA, NERC and Reliability

Expect more analysis – more scenarios, more detail – as state compliance plans become better known.

As things stand today, even without the Clean Power Plan, we expect to see the retirement of more than 6 percent of North America’s generation capacity by 2030.

Securing the Smart Grid

Questions and answers on consumer privacy and threats to the grid – both physical and cyber.

The economic argument for investments in the smart grid is clear: the payback from those technologies in the U.S. is likely three to six times greater than the money invested, and grows with each sequence of grid improvement.

Market Manipulation: Staying a Step Ahead

Law, compliance, and case management – plus the blurred boundary between FERC and CFTC.

In the aftermath of 2000-2001 energy crisis, Congress provided federal regulators more authority to crack down on fraud. To do so, FERC must show that the actor possessed the requisite state of mind and establish a connection between the alleged manipulative action and an interstate transportation or sale for resale of natural gas or electricity.