Tag Archives: FERC

State Programs Claim Third Victory in Federal Court: New York Nuclear Subsidies Survive Legal Challenge

In a July 25, 2017 ruling, the U.S. District Court for the Southern District of New York dismissed a challenge to the component of New York’s “Clean Energy Standard” offering subsidy payments, known as “zero-emissions credits” or ZECs, to certain … Continue reading

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National Academies Report Calls for Coordinated Approach to Improve Power Grid’s Security and Resilience

Last week, the National Academies of Sciences, Engineering, and Medicine (NASEM) issued a pre-publication report focused on identifying and developing strategies to increase the power system’s resilience in the face of events that cause large-area, long-term duration blackouts.  The report, … Continue reading

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Court Decisions Affirm States’ Authority to Incentivize Generation Development and Retention

In two recent federal court decisions, the Second Circuit Court of Appeals and the U.S. District Court for the Northern District of Illinois affirmed state authority to implement programs to incentivize generation development and retention. The two decisions are the … Continue reading

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FERC’s Non-Binding Advisory Orders Not Reviewable in Court

Last month, in Portland General Electric Co. v. FERC, the D.C. Circuit clarified that the federal appellate courts lack jurisdiction to review non-binding, advisory orders from FERC that merely interpret provisions of the Public Utility Regulatory Policies Act of 1978 … Continue reading

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House Subcommittee on Energy Mulls Legislation to Modernize Hydropower Infrastructure and Streamline Permitting

On May 3, 2017, the House Energy and Commerce Subcommittee held a hearing to examine a suite of proposed legislation aimed at incentivizing development of hydropower in the United States.  A Committee Majority Staff memorandum dated May 1, 2017, describes … Continue reading

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