On August 15, 2023, ISO New England (ISO-NE) presented preliminary results for an extended timeframe through Winter 2032 as the next phase in its ongoing exploration of potential resource adequacy impacts during extreme winter weather that may occur as a result of expected retirements of existing, mostly fossil fuel, generators and the potential retirement of the Everett Marine Terminal, a liquefied natural gas (“LNG”) facility serving New England. … More
Last week the federal Energy Regulatory Commission (“FERC”) hosted a bevvy of New England state regulators and energy industry stakeholders to discuss potential solutions to electricity and natural gas-related challenges facing New England. One question loomed large throughout the day-long forum: Should the Everett Marine Terminal, a liquefied natural gas (“LNG”) facility, stay in operation after the principal contract supporting it expires, and if so, who should fund it? … More
In tentative decisions issued on April 26, 2023 (here and here), the Massachusetts Energy Facilities Siting Board (EFSB) proposes to conclude that it lacks jurisdiction under current laws to review battery energy storage systems (BESS). These decisions were issued in two dockets – Cranberry Point Energy Storage, EFSB 21-02, and Medway Grid, LLC,… More
On January 4th, as the legislative session came to a close, both houses of the Massachusetts legislature passed “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy.” My colleague, Seth Jaffe, posted on the act yesterday, when the details of the bill first came out, focusing on the climate and economic impacts. There is no doubt that this act will significantly shape Massachusetts’s path towards a net-zero future.… More
On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020. The final regulations are the latest step towards making reality out of an idea enacted through the 2018 Act to Advance Clean Energy and make Massachusetts the first state to adopt such a program.… More
On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources. Challengers had contended that by prohibiting states from barring energy storage resources on the distribution system from participating in wholesale markets, FERC had exceeded its jurisdiction and infringed on state authority.
The D.C. Circuit rejected those claims. … More
On February 7, 2019, the Energy Facilities Siting Board (“EFSB”) issued a notice and request for comments in EFSB 19-01, the docket we previously noted, in which the petitioner seeks a determination that its energy storage system is not within the EFSB’s jurisdiction.
Comments are due by February 20, 2019.
The EFSB identified five topics on which it is “particularly interested in receiving information:”… More
On February 1, 2019, the Massachusetts Department of Public Utilities issued two long-awaited orders in docket D.P.U. 17-146. The orders address a number of issues related to pairing energy storage systems (“ESS”) with net metering facilities and the rights to the capacity associated with net metering and SMART facilities. There are too many issues in these orders to address each fully here, but below are some high-level highlights.… More
The Evaluation Team in Massachusetts’ Section 83C Offshore Wind Generation request for proposals (“RFP”) for long term contracts for offshore wind has announced that our client Vineyard Wind was named the winning bidder in the RFP for an offshore wind project to be built off the coast of Martha’s Vineyard. The project will include approximately 800 megawatts of offshore wind energy generation as well as a generator lead line connection. … More
The Federal Energy Regulatory Commission (FERC) issued a Final Rule (the Final Rule) on February 15, 2018 (Docket Nos. RM16-23-000; AD16-20-000; Order No. 841) pursuant to which FERC amended its regulations under the Federal Power Act to remove barriers to the participation of electric storage resources in the capacity, energy, and ancillary service markets operated by Regional Transmission Organizations (RTO) and Independent System Operators (ISO) (RTO/ISO markets).… More