Public Utility Regulatory Policies Act

Parochial Power Play

Northeastern politicians declare war on capacity auctions.

New Jersey Gov. Chris Christie in February signed into law a bill that will have the state commissioning construction of 2,000 MW of new gas-fired power capacity and dumping it into the PJM capacity market at a $0 price. Maryland is considering a similar capacity-dumping scheme. What’s behind these efforts to manipulate capacity auctions — regional constraints or local politics?

Commerce Clause Conflict

In-state green mandates face Constitutional challenges.

In effort to promote local green energy resources, some states are enacting policies that tread on federal authority. Restrictions on power imports to satisfy RPS requirements might violate the Commerce Clause of the U.S. Constitution. Can the states foster home-grown energy without running afoul of federal laws?

Tres Amigas Tie Up

Synchronizing networks to bring green power to market.

In order to fully integrate wind and other dispersed sources of energy into the system, America’s patchwork transmission networks need to be more closely interconnected and synchronized. An advocate for the Tres Amigas merchant transmission project explains how the proposed facility will integrate the grid.

PURPA's Changing Climate

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

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.

FIT in the USA

Constitutional questions about state-mandated renewable tariffs.

Despite state efforts to follow the European model of state-mandated feed-in tariffs to promote renewable power, these actions won’t pass Constitutional muster. The Supremacy Clause makes a formidable legal barrier.

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.

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?

Green Heroes

Utilities can transform the world’s energy economy.

Perceval’s sagas are largely forgotten today, but at least one of them serves as a useful metaphor for an industry seeking the proverbial Holy Grail of clean-energy technology—specifically, the tale of Perceval and the Fisher King.

Selling the Smart Grid - The Policy

Why many state regulators still have qualms about endorsing smart meters.

A year ago, in its formal investigation of state policy on smart meters, the Florida Public Service Commission conceded that while three of the state’s five major investor-owned electric utilities offered an optional time-of-use rate to residential customers, participation in fact remained “typically quite small,” averaging only about 1 percent.

PURPA Redirected

The latest ‘incremental’ policy changes might realign utility financial incentives.

Back in 1978, Congress passed an energy bill, the National Energy Act, including an obscure provision that seemed like an incremental tweak to U.S. energy policy. But eventually, that incremental tweak—the Public Utility Regulatory Policies Act (PURPA)—smashed through the gates of the vertically integrated utility construct. PURPA introduced competition into wholesale power markets in a way that fundamentally changed the U.S. utility industry.