September 8, 2020

REGULATORY UPDATE FOR SEPTEMBER 8 (COVERING WEEK OF AUGUST 31)

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:

California

As the heat wave in California continues, Governor Newsom issued an emergency proclamation on September 3, and the U.S. Department of Energy (at CAISO’s request) issued an emergency order on September 6, temporarily suspending certain state and federal regulatory and permitting restrictions to allow increased generator output.

Federal Energy Regulatory Commission

FERC overturned longstanding precedent last week in a ruling affecting how “net power production capacity” is measured for small power production Qualifying Facilities. In its ruling, FERC determined that on a going forward basis Qualifying Facility developers may not consider inverters or other output limiting devices in determining the size of their Qualifying Facility.
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