After a brief hiatus, Smart Grid Legal News is back! So many issues and not enough time or space so I thought I would start with the basics. I recently had the pleasure of meeting Christine Hertzog, managing director of Smart Grid Library, to discuss Smart Grid Dictionary, now it its sixth edition. At
Stevens & Lee P.C.
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Illinois Open Data Access Framework
The Citizens Utility Board (“CUB”) and the Environmental Defense Fund (“EDF”) recently filed a joint petition asking the Illinois Commerce Commission (“ICC” or “the Commission”) to initiate a proceeding to adopt the Illinois Open Data Access Framework (“Framework”). They hope the Framework will become the governing standards for access to customer usage data by customers,…
Ever Wondered … What’s Uplift?
Before the chill of last winter’s polar vortex, many in the industry may not have even heard the term uplift payments. If you are still wondering exactly how it works, the Federal Energy Regulatory Commission (“FERC”) has a docket and workshop for you (Docket No. AD14-14-000). At this docket you will find an educational staff…
Energy Resilience Bank Coming to New Jersey
This week the state of New Jersey took an innovative step in its continuing quest to remain Stronger than the Storm. The N.J. Board of Public Utilities (“BPU”) approved Docket No. QO14060626, a subrecipient agreement with the N.J. Economic Development Authority (“EDA”) to work jointly in the establishment and operation of the Energy Resilience Bank…
Blurred Lines: States, FERC and Regulatory Uncertainty
On June 30, 2014, the Supreme Court declined to hear Kansas City Power & Light Co.’s appeal of a lower court’s affirmation of the Missouri Public Service Commission order denying the utility the right to recover FERC-approved transmission costs, estimated at $100 million. The costs are for delivering power 500 miles from a natural gas…
Massachusetts DPU Says Time of Use Pricing Will Be the Default for All Customers
In a recent order, the Massachusetts Department of Public Utilities (“Department” or “DPU”) stated that time varying rates are an essential component of grid modernization. As a result, the design of basic service must change to incorporate time of use (“TOU”) rates for all customers, including residential customers. The Department noted that in 2013, the…
EPA Issues Clean Power Plan
This month the Environmental Protection Agency (“EPA”) released its Clean Power Plan proposal. The Plan cuts carbon pollution from existing power plants, which according to the EPA is the single largest source of carbon pollution in the United States. The Agency says the proposal will protect public health, move the United States toward a cleaner…
NERC, FERC and NRC Meet to Discuss Grid Reliability
The Federal Energy Regulatory Commission (FERC) and the Nuclear Regulatory Commission (NRC) held a joint meeting on Wednesday, May 28, 2014, at NRC headquarters. Most of the meeting was open to the public and concluded with a tour of NRC’s new control center. Commissioners from both agencies participated. Speaking on the topic of Grid Reliability,…
New York PSC Petitions U.S. Court of Appeals Over FERC’s New Capacity Zone
The New York State Public Service Commission (“PSC” or “Commission”) recently petitioned the U.S. Court of Appeals for the Second Circuit to force the Federal Energy Regulatory Commission (“FERC”) to respond to the PSC’s pending requests for rehearing of FERC’s decisions to create a new capacity zone (“NCZ”) in the lower Hudson Valley. The PSC…
Energy Camps
Camps have changed a lot since my childhood days of learning to swim at the Y. Somewhere between the increased competition for college admission and the universities’ quest to monetize all that empty space during the summer, parents have started spending a lot of money for “enrichment.” Admittedly, I have fallen prey. Recently, I sat…