On March 23, 2016, the Public Service Commission of the District of Columbia (“DCPSC”) issued an order approving the proposed $6.8 billion merger between Exelon Corporation (“Exelon”) and Pepco Holdings, Inc. (“Pepco” and together with Exelon, “Joint Applicants”). The DCPSC 2-1 vote approving the merger follows two previous orders in which the DCPSC denied the proposed merger on grounds that it was not in the public interest (see March 8, 2016, edition of the WER). Upon consummation of the merger, Exelon will become the largest electric utility in the United States by customer base. 
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On October 8, 2015, Mayor Muriel Bowser announced that the District of Columbia (“DC”) government has reached a settlement (“Settlement”) in negotiations related to the proposed merger filed with the Public Service Commission of the District of Columbia (“DCPSC”) by Exelon Corporation (“Exelon”) and Pepco Holdings, Inc. (“Pepco” and together with Exelon, the “Joint Applicants”). While the merger application remains subject to DCPSC approval, the Settlement is a milestone for the Joint Applicants in a regulatory review process that has proven to be contentious in DC.
Continue Reading DC Mayor Announces Settlement in Pepco-Exelon Merger Negotiations

On March 5, 2015, Puget Sound Energy (“PSE”) announced that it will be participating in the Energy Imbalance Market (“EIM”) operated by the California Independent System (“CAISO”) as of Oct. 1, 2016.  PSE will be joining PacifiCorp and NV Energy, both already working with the CAISO on EIM integration.  By the end of the year the EIM is slated to include seven western states: California, Oregon, Washington, Nevada, Utah, Idaho and Wyoming.
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On November 5, 2014, Southern California Edison (“SCE”) announced that it entered into contracts for 2,221 MW of power to satisfy its customers’ demand, including contracts for 262 MW of long-term storage capacity.  The energy storage agreements were in response to the California Public Utilities Commission’s (“CPUC”) rulemaking that set energy storage targets for investor-owned utilities in the State of California.
Continue Reading Southern California Edison Executes Significant Energy Storage Agreements

On September 30, 2014, the Department of Energy (“DOE”) released a draft solicitation that would provide up to $12.6 billion in loan guarantees for innovative nuclear energy and “front end” nuclear projects.  In its announcement, DOE stated that the loan guarantees are to assist with the financial burdens of deploying next generation technology to diversify the United States’ clean energy portfolio.
Continue Reading DOE to Offer $12.6 Billion in Loan Guarantees for Advanced Nuclear Projects

On October 22, 2013, the National Institute of Standards and Technology (“NIST”) released its voluntary Preliminary Cybersecurity Framework (“the Framework”) to provide a cost-effective, performance-based, flexible, and repeatable approach for critical infrastructure organizations to manage cybersecurity risks.  A key objective of the Framework, which was drafted pursuant to Executive Order 13636, is to encourage critical infrastructure organizations to consider cybersecurity a priority similar to financial, safety, and operational risk. 
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On September 13, 2013, the Tennessee Valley Authority (“TVA”) announced the members of the new Regional Energy Resource Council (“RERC”).  The RERC is an advisory board that consists of 19 members and is designed to advise TVA on current and future energy activities.  Pursuant to the Federal Advisory Committee Act, the TVA Board of Directors established the RERC during its April 2013 meeting.  The RERC includes citizens of all TVA states and members from both the public and private sectors.
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On Thursday, September 5, 2013, FERC granted eBay Inc. (“eBay”) market-based rate authority, effective August 26, 2013.  eBay is developing an approximately 6 MW fuel cell generation facility at its South Jordan, Utah data center.  While the facility will primarily be used to provide onsite power for the data center, eBay sought blanket authority to sell any excess energy that is produced.
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On Tuesday, February 12, 2013, the California Independent System Operator Corporation (“CAISO”) and PacifiCorp executed a Memorandum of Understanding (“MOU”) committing to jointly work toward the creation of a real-time energy imbalance market (“EIM”).  The parties identified several potential benefits from an EIM: participating in the EIM would allow PacifiCorp to quickly and accurately balance resources, efficiently meeting the needs of its transmission customers, while allowing CAISO to utilize its existing EIM system and processes to gain access to a wider array of resources.  Initially the EIM would be expanded only to include PacifiCorp, but both CAISO and PacifiCorp envision the EIM potentially including additional entities. 
Continue Reading CAISO and PacifiCorp Contemplate Forming a West-Wide Real-Time Energy Imbalance Market