September 21, 2020

REGULATORY UPDATE FOR SEPTEMBER 21 (COVERING WEEK OF SEPTEMBER 14)

Our energy regulatory team has compiled a list of state and federal energy regulatory developments to keep you up to speed on key energy regulatory matters from across the United States. Stoel’s energy regulatory team is always available to answer questions about any of these developments. Energy regulatory highlights for this week include:

Federal Energy Regulatory Commission

FERC partially granted Bonneville Power Administration’s Complaint against Avista Corporation, holding that transmission providers cannot charge load-serving transmission customers firm point-to-point transmission service for the delivery of self-supplied operating reserves located outside of their balancing area.

During its monthly open meeting, FERC issued Order No. 2222 and implemented reforms that are intended to eliminate barriers that distributed energy resources face when participating in wholesale energy, capacity, and ancillary services markets.

FERC also rejected arguments raised by AWEA that, if adopted, would have prevented transmission owners in MISO from retroactively imposing the self-funding of network upgrades on interconnection customers. But instead FERC left the door open for transmission owners to look back to 2015 and subject customers to increased costs in interconnection service.

Minnesota Court of Appeals

Minnesota Court of Appeals finds Xcel Energy’s EV investments behind the meter lawful, applying definition of “service” under Minnesota law.

Minnesota Public Utilities Commission

Pursuant to the Minnesota Public Utilities Commission’s (“Commission”) request for proposals to assist with economic development in light of the COVID-19 pandemic, various Minnesota utilities file accelerated investment proposals for stakeholder feedback and Commission review.

Click here to read this update.