Project Development & Permitting Practice


Issue Alerts

FERC Poised to Review NERC Registration of Generator as Transmission Owner and Transmission Operator

Vincenzo Franco, Andrew Art
February 12, 2008

On February 4, New Harquahala Generating Co., LLC (Harquahala), appealed to the Federal Energy Regulatory Commission (FERC) a decision by the North American Electric Reliability Corporation (NERC) to register Harquahala as a transmission owner and transmission operator (TO/TOP) for purposes of compliance with NERC’s mandatory reliability standards. In the case, FERC will decide whether to uphold NERC’s determination that high-voltage interconnection facilities should be treated as integrated transmission facilities for reliability compliance purposes. The decision may have significant consequences for generators that own interconnection facilities.

Weekly Climate Policy Update - December 21, 2007

Kyle Danish, Andrea Hudson, Shelley Fidler
December 21, 2007

This week, President Bush signed an energy bill that significantly increases fuel economy standards for cars and light trucks, mandates greater biofuels production, and creates efficiency standards for buildings. Although the bill was not as comprehensive as earlier versions – which included a renewable portfolio standard and tax incentives for renewable energy production – it addresses a number of energy issues facing the U.S. The enactment of the bill and its increased fuel economy standards also contributed to EPA’s landmark decision to deny California’s request for a waiver to implement its vehicle CO¬2 emission standards. The denial marks the first time that EPA has denied such a waiver and sets the stage for a showdown between the state and the agency. The denial, and EPA’s reasoning for denying the waiver, may have important implications for the future of GHG regulation at the agency.

Energy Independence and Security Act Becomes Law; Congress Acts on Additional Energy-Related Bills but Issues Remain for 2008

Patrick Currier, Caroline Roach, Curt Rich
December 20, 2007

Congress passed the Energy Independence and Security Act, an energy bill that includes new energy efficiency and renewable fuel requirements, but does not include renewable electricity requirements or energy tax incentives. Congress also adopted the omnibus appropriations bill which contains new direction on loan guarantees for advanced energy projects, and the Senate passed a farm bill containing incentives for biofuels, setting up a conference with the House of Representatives in early 2008.

Weekly Climate Change Policy Update - November 2, 2007

Andrea Hudson, Kyle Danish, Shelley Fidler
November 2, 2007

A Senate Environment and Public Works Subcommittee approved the Lieberman-Warner climate change legislation in a 4-3 vote. This milestone marks the first time that a Congressional committee has reported economy-wide climate change regulatory legislation and, in many respects, marks the official beginning of a long and arduous effort to enact such legislation.

Weekly Climate Change Policy Update - September 21

Andrea Hudson Campbell, Kyle W. Danish, Shelley N. Fidler
September 21, 2007

This week, publicly-traded companies faced inquiries from two different angles regarding disclosure of risks and opportunities related to climate change.


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Seminars & Events

Electric Energy: Markets, Regulation and Investment

Capital Hilton Hotel, Washington, DC
March 3, 2008

Van Ness Feldman's Douglas Smith and Kyle Danish will be two of the Program Co-Chairs. Mr. Smith will speak at 10:45 AM on March 3 during the session "Electricity Utility Regulation: Current Regulatory Challenges". Mr. Danish will speak at 3:15 PM on March 3 during the session entitled "Climate Change and Strategies for Electric Utilites and their Regulators".