Renewable Energy Insights > Troutman Sanders LLP

Southern California Edison Enters Into Momentous Energy Storage Agreements

On November 5, 2014, Southern California Edison (“SCE”) announced that it entered into contracts for 2,221 MW of power to satisfy its customers’ demand, including contracts for 262 MW of long-term storage capacity. The energy storage agreements were in response to the California Public Utilities Commission’s (“CPUC”) rulemaking that set energy storage targets for investor-owned utilities in the State of California. [Read more →]

November 13, 2014   Comments Off

D.C. Circuit Court of Appeals Delays Order Vacating Demand Response

On October 20, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) approved a request by FERC to delay finalizing its decision that vacated FERC Order No. 745 regarding demand response compensation for consumers. The D.C. Circuit approved the delay through December 16, 2014. Additionally, it stated that if it is notified of a petition for writ of certiorari filed during the delay, the court will withhold issuance of the mandate finalizing its decision to vacate, pending the Supreme Court’s final disposition. [Read more →]

November 13, 2014   Comments Off

FERC Accepts Bonneville Wind Curtailment “Oversupply Management” Policy Through 2015; Encourages Development of Long-Term Solution

On October 16, 2014 FERC issued an order accepting Bonneville Power Administration’s (“BPA”) revised Oversupply Management Protocol (“OMP”) and OS-14 Oversupply Rate (“OS-14 Rate”) as a compliance filing under FPA Section 211A standards. The Commission also issued an order approving the OS-14 rate under BPA’s Northwest Power Act rate standards. In making the approval, FERC stated that its acceptance of the BPA’s OMP remains an interim solution and that the Revised OMP expires on September 30, 2015. If BPA desired to extend the use of OMP beyond that date, it will be required to file a request to do so with FERC, explaining why the continued use of OMP is justified. FERC encouraged BPA to continue to work toward a “mutually agreeable long-term solution to manage oversupply conditions rather than continuing to rely on involuntary curtailment.” [Read more →]

October 23, 2014   Comments Off

Gov. Cuomo Announces $94 Million in Funding for New York Solar Projects

On September 26, 2014, New York State Governor Andrew M. Cuomo announced NY-Sun awards worth $94 million for large solar electric projects in New York, leveraging $375 million in private investment. The projects will increase New York State’s solar capacity by more than 214 megawatts, representing a 68% increase over the total amount of solar generating capacity installed as of the end of 2013.

The new solar will be installed at 142 project sites throughout the state: 50 at businesses, 41 at schools and school districts, 36 at government and municipal facilities, and 15 at nonprofits, health care institutions and colleges. A total of 49 developers submitted proposals in response to this solicitation, which is a significant increase in proposals compared to the two previous solicitations. Many are large solar developers that had previously focused their renewable energy initiatives in states other than New York. The projects will receive NY-Sun funding based on project completion and annually based on energy production.

The average size of proposed projects increased to more than 1.8 megawatts with the latest solicitation, which is more than twice the average project size a year ago. Aggregate bid prices for awarded projects declined from $1 per watt to 55 cents per watt in Con Edison territory and from 68 cents per watt to 41 cents per watt elsewhere. As a result of the drastic decline in price per watt, 1.6 times more solar energy will be generated per ratepayer dollar than the previous year.

The awards are part of the NY-Sun Initiative, established in 2012, which provides funding incentives for clean energy that will decrease over time as the industry scales up. Over the past two years, a total of 316 megawatts of solar have been installed or are under contract in New York, which exceeds the total solar capacity installed over the preceding decade. According to Governor Cuomo, “New York is quickly becoming a national leader in renewable energy by building a competitive solar industry” and the NY-Sun awards exemplify the importance placed on growing the renewable energy industry in New York.


October 6, 2014   Comments Off

New York Public Service Commission Authorizes Longer Term NYSERDA REC Agreements

In a July order, the New York Public Service Commission authorizes the New York State Energy Research and Development Authority (NYSERDA) to offer longer-term, fixed-price renewable energy credit agreements, extending the maximum term from ten to twenty years. Following the 2004 creation of the New York State Renewable Portfolio Standard, NYSERDA has implemented a program for the procurement of attributes associated with the production of renewable energy, so-called “renewable energy credits” (RECs).  Through a competitive solicitation process, NYSERDA enters into REC agreements under which it pays a production incentive for the RECs associated with renewable energy generated and delivered for end use in New York.

Previously, the term of such REC agreements was capped at ten years. In December of 2013, a group of advocacy organizations submitted a petition challenging, among other things, the ten year cap as unduly restrictive. Citing the stability of longer-term agreements, the petitioners argue that twenty year REC agreements would allow developers to hedge risk, ultimately leading to cheaper financing for renewable energy projects. Massachusetts and Connecticut have recently made changes to their REC agreement policies to permit the mitigation of market price risk though bundled energy and REC agreements. And the Commission notes that the “increasing availability of long-term agreements, especially in nearby states, makes it more difficult for New York to compete for these projects.”

Acknowledging the persuasiveness of the comments, the Commission authorizes NYSERDA to enter into REC agreements with terms of up to twenty years. However, the term extensions will not apply retroactively to existing NYSERDA REC agreements. And NYSERDA may still award REC agreements with shorter terms in its discretion. Indeed the Commission expressly encourages NYSERDA “not to enter into contracts for terms longer than the expected useful life of the project.”

Commenters also advanced the adoption of incentive mechanisms alternative to fixed-price REC Agreements including “contracts-for-differences,” which generally provide for a variable attribute price tied to wholesale electricity prices, cushioning the fluctuations of the market. The Commission declined to rule on such proposals in this order, reserving the issue for two other proceedings. Case 14-M-0101, Proceeding on Motion of the Commission in Regard to Reforming the Energy Vision, Order Commencing Proceeding (Issued April 25, 2014); Case 14-M-0094, Proceeding on Motion of the Commission to Consider a Clean Energy Fund, Order Commencing Proceeding (Issued May 8, 2014).

July 22, 2014   Comments Off