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On October 25, the North American Electric Reliability Corporation (NERC) released a report regarding the lessons learned from the electric industry’s response to the novel coronavirus (COVID-19) pandemic. NERC’s report described the industry’s response and provided possible solutions and paths for the industry’s future based on its findings.

Continue Reading NERC Issues Report on Lessons Learned from Utilities Response to the COVID-19 Pandemic

On September 23, 2021, the Federal Energy Regulatory Commission (FERC), for the first time, issued two orders reserving the right to require future license measures to ensure that licensees have adequate financial reserves “to carry out the terms of the license and Commission orders pertaining thereto.”  FERC’s orders follow its January 2021 Notice of Inquiry, in which it solicited public comments on whether and how it should impose financial assurance requirements on hydropower licensees to ensure licensees have sufficient financial resources to maintain their projects in safe condition.
Continue Reading FERC Includes Financial Assurance Requirement in Recent Licensing Orders

As Seattle City Light proceeds through the FERC relicensing of its Skagit River Hydroelectric Project, it faces two recent lawsuits filed by the Sauk-Suiattle Indian Tribe and one by Skagit County.  Two of the suits are related to the Project’s alleged impacts on fish passage, and another alleges that Seattle City Light is misleading the public, or “greenwashing” with respect to its clean energy claims.
Continue Reading Seattle City Light Faces Lawsuits During Skagit Relicensing

On September 23, 2021, the Federal Energy Regulatory Commission (“FERC”) and the North American Electric Reliability Corporation (“NERC”) Staff released their report and recommendations regarding the 2021 Winter Freeze during the September Open Meeting at FERC. In this joint review, Staff reviewed what happened during the freeze, what caused the failure, and outlined various recommendations to prevent similar events in the future.
Continue Reading FERC and NERC Release Report and Recommendations Regarding 2021 Winter Freeze

On August 31, 2021, FERC denied Cross-Sound Cable Company, LLC’s (“Cross-Sound Cable”) application for incentive rate treatment to create a regulatory asset to recover costs incurred between 2016 and 2021 to comply with Interconnection Reliability Operating Limits (“IROL”) Critical Infrastructure Protection (“IROL-CIP”) costs under Schedule 17 of the ISO-New England (“ISO-NE”) Tariff.
Continue Reading FERC Denies Cross-Sound Cable Company’s Application for Incentive Rate Treatment to Comply with IROL-CIP Costs

In June 2021, Senators Lisa Murkowski (R-AK) and Maria Cantwell (D-WA) introduced The Maintaining and Enhancing Hydroelectric and River Restoration Act of 2021, which would establish a tax credit for certain investments in dam safety and environmental improvements at qualified dams and separate tax credit to incentivize the removal of obsolete river obstructions, including nonpowered dams.
Continue Reading Senators Murkowski and Cantwell Introduce Bipartisan Hydropower Legislation

On July 14, 2021, the City and County of Denver, Colorado, acting through its Board of Water Commissioners (“Denver Water”), filed a Complaint in the United States District Court for the District of Colorado, requesting declaratory and injunctive relief against Boulder County over the County’s alleged efforts to delay and obstruct Denver Water’s expansion of the Gross Reservoir Hydroelectric Project.
Continue Reading Denver Water Files Complaint in Federal Court, Seeking Preemption of Boulder County Regulation Due to FERC Hydroelectric Project License

On July 15, 2021, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued a Final Rule amending its regulations pertaining to: (1) the information required to be filed with a notice of intent to construct a qualifying conduit facility and (2) the licensing requirements applicable to major projects up to 10 megawatts (MW).  The Final Rule was issued to align the Commission’s regulations with changes to the Federal Power Act (“FPA”) that were made as part of the Hydropower Regulatory Efficiency Act (“HREA”) of 2013.
Continue Reading FERC Revises Filing Requirements for Certain Small Hydroelectric Facilities

On June 24, 2021, FERC formally issued a public report that outlined its plan to establish the Office of Public Participation (OPP).  The report stated that the OPP’s mission is to assist the public in learning about and participating in FERC proceedings, and that FERC aims to have the OPP at full operating capacity by fiscal year (FY) 2024.
Continue Reading FERC Formally Outlines Office of Public Participation for FERC Proceedings