Energy Policy & Consulting

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On Sept. 29, 2023, the Supreme Court of Texas announced it would review a lower court’s reversal of two winter storm Uri orders by the Public Utility Commission of Texas (PUCT), which date back to 2021. On Jan. 30, 2024, the Texas Supreme Court held oral arguments to determine if the PUCT had authority to…

In February 2021, Winter Storm Uri hit Texas, resulting in severe electricity blackouts throughout the state. Commercial and industrial as well as residential retail customers across Texas sued hundreds of entities involved in the Texas electricity market for damages sustained due to the resulting electrical outages, including wholesale power generators. On Dec. 14, 2023, the…

On Nov. 17, the IRS and Treasury Department released long-awaited proposed regulations for the Section 48 investment tax credit. Representing the first update to these regulations since 1987, they provide instructions reflecting new statutes under the Inflation Reduction Act of 2022, incorporate previous legislative changes and formally adopt administrative guidance the energy market has used…

On Oct. 19, 2023, the Department of Energy began accepting applications for all categories of the Low-Income Communities Bonus Credit Program for small-scale wind and solar projects. Read on for further details about the submission portal and the tax credit program.

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On Oct. 19, the Federal Energy Regulatory Commission issued a notice of proposed rulemaking to modify filing processes for electronic quarterly reports and revise and eliminate a number of data fields and definitions. Read on for an overview of the proposed changes and implications for EQR filers.

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On September 6, 2023, the Federal Register published the  Federal Energy Regulatory Commission’s  (FERC) Order No. 2023, ‘Improvements to Generator Interconnection Procedures and Agreements,’ a 1,000+ page Final Rule adopting reforms to generator interconnection procedures and amending the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma Large Generator Interconnection Agreement (LGIA), the…

On Aug. 29, the U.S. Department of the Treasury and the IRS proposed regulations and new guidance regarding the prevailing wage and apprenticeship (PWA) prerequisites associated with eligibility for full-value clean energy tax credits under the Inflation Reduction Act. Read on for an overview of the rules and guidance, which provide more certainty and greater…

On Aug. 24, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration announced the forthcoming publication of proposed rules intended to increase the safety of gas distribution pipelines nationwide. Read on for a brief overview of the proposal, which aims to improve emergency response plans, integrity management plans and operation manuals.

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On Aug. 2, 2023, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the grant of $64.4 million to states to improve the safety of pipelines and underground natural gas operations.

The goal of the grant is to provide states with the funding necessary to inspect pipelines and underground natural gas…

With an “alert” issued June 20, the Commodity Futures Trading Commission is targeting carbon markets by asking whistleblowers to come forward with information about fraudulent or manipulative trading of carbon credits and other environmental commodities as well as related derivatives.

Read on for details about the CFTC’s alert and implications for entities that trade in…