Under the Natural Gas Act (NGA), FERC certificates the construction and operation of pipelines to transport natural gas in interstate commerce if they are “required by the present or future public convenience and necessity.” For almost two decades, FERC has used a 1999 policy statement’s guidelines to evaluate whether new pipelines meet that statutory standard.
Inside Energy & Environment
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Does California Offer a National Model For Energy Storage Rules?
Energy storage has frequently been cited as the critical missing link in an electric infrastructure designed to maximize the benefits of cheap, renewable energy. Because energy from the sun and the wind is inherently intermittent, it has not been able to satisfy a round-the-clock need for electricity. And in many places we’ve built more renewable…
FERC IS BACK AND FACES A FULL PLATE OF ELECTRICITY ISSUES (Volume 3)
This is the third and final of three posts on this blog providing short summaries of the generic electricity policy initiatives already teed up and awaiting possible action by the newly-constituted FERC. Together, these three posts describe initiatives that address fundamental market and resource issues spanning a broad range of FERC’s electricity authorities.
Today’s post…
FERC IS BACK AND FACES A FULL PLATE OF ELECTRICITY ISSUES (Volume 2)
This is the second post of three on this blog providing short summaries of the generic electricity policy initiatives already teed up and awaiting possible action by the newly-constituted FERC. Together, these three posts describe initiatives that address fundamental market and resource issues spanning a broad range of FERC’s electricity authorities.
Today’s post summarizes initiatives…
FERC IS BACK AND FACES A FULL PLATE OF ELECTRICITY ISSUES (Volume 1)
With two new Commissioners confirmed by the Senate and sworn in, FERC’s seven-month period without a quorum is over and it can get back to business. And with another two nominations now before the Senate with a hearing scheduled for September 7, the agency should be at full strength within the next few months and…
New Administration’s “America First Energy Plan” Touts Fossil Energy Production; Omits Plans for Electricity Sector
As expected, with the inauguration of President Trump all Obama Administration content on the White House website has been replaced with content of the new Administration. The new content includes “An America First Energy Plan”, the entire focus of which is national security and job creation benefits of the Administration’s “embrace” and promotion of…
A Watch List of Possible Changes in EPA’s Final Clean Power Plan
In August, EPA is expected to finalize and to modify its ambitious Clean Power Plan to reduce greenhouse gas emissions from existing power plants. Here is a Watch List of key areas for possible changes and clarification that EPA might make, after considering voluminous public comments on the Proposed Regulations, which were issued in June…
Supreme Court Decisions Raise Questions about Future Judicial Scrutiny of EPA’s Clean Power Plan
Two of the Supreme Court’s major, end-of-term decisions turn on the deference the Court gives to agency determinations of the meaning of ambiguous clauses in complex regulatory statutes, applying the familiar Chevron framework. The Court’s less deferential applications of Chevron raise important questions about the deference courts might be expected to give to the scope…
U.S. Appeals Court Rejects, as Premature, Challenge to EPA’s Clean Power Plan
Today, the United States Court of Appeals for the District of Columbia Circuit refused to review challenges of EPA’s authority to adopt comprehensive regulations of carbon emissions from exiting power plants. A coal company, joined by 12 States, had asked the Court of Appeals to prohibit EPA from finalizing its Clean Power Plan on multiple…
FERC Outlines its Role in Implementing EPA’s Clean Power Plan
Earlier this year, FERC held four technical conferences to discuss the implications of state, regional and/or federal plans for compliance with EPA’s proposed Clean Power Plan (CPP) rule to set carbon emission limits for existing electricity generating units. A major issue raised was the impact of the CPP on electric grid reliability as coal-fired generators…