New York Partner Justin Boose will serve as a panelist for an upcoming webinar, “Energy Storage Projects,” scheduled for Tuesday, May 21, at 1:00pm-EDT.

This CLE webinar will provide energy counsel guidance on effective methods in financing energy storage projects and overcoming regulatory compliance challenges in deal structures. The panel will discuss key compliance challenges

An ambitious bill introduced in the Massachusetts’ Senate proposes to accelerate expansion to the state’s renewable energy sector. Along with implementing a market-based system to reduce emissions, the bill also aims to increase the required growth rate of the state’s renewable portfolio from 1% to 3% per year. Specific goals and proposals for solar, wind and energy storage are included in the bill.
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In response to concerns regarding the changing nature of the nation’s energy supply portfolio and the emergence of promising energy storage technologies, the Commission in recent years issued several notices of inquiry, notice of proposed rulemaking, and policy statements regarding various energy storage and ancillary service supply issues. Additionally, the Commission considered but ultimately declined to pursue the Department of Energy-initiated rulemaking on grid resiliency and reliability. On February 15, 2018, however, the Commission took concrete action by issuing a pair of Final Rules, addressing (i) storage participation in regional markets; and (ii) the provision of primary frequency response, a critical grid support service.
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In his State of the State speech on January 3, 2018, New York Governor Andrew Cuomo announced an ambitious, multifaceted clean energy and climate change agenda. The principal objectives are as follows:

  • Expand Regional Greenhouse Gas Initiative and Reduce Emissions Equitably From the Highest-Polluting, High Demand “Peaker” Power Plants
  • Issue Solicitations in 2018 and 2019 to Develop at Least 800 MW of Offshore Wind Projects and Foster Offshore Wind Industry and Workforce in New York State
  • $200 Million Investment to Meet Unprecedented Energy Storage Target of 1,500 Megawatts by 2025 In Order to Increase Transmission of Clean and Renewable Energy
  • Create the Zero Cost Solar for All Program for 10,000 Low-Income New Yorkers
  • Reconvene Scientific Advisory Committee on Climate Change Disbanded by the Federal Government
  • Governor Directs the Establishment of Energy Efficiency Target by Earth Day
  • Regulations to Close all Coal Plants to be Adopted


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A National Renewable Energy Laboratory (NREL) report shows that utility-scale solar costs fell 29% last year to roughly $35/MWh on a levelized basis. Overall, prices for utility-scale solar power purchase agreements have dropped nearly 75% since 2009, according to the report. The cost decline is attributed to lower module and inverter prices, higher module efficiency,

Originally posted on Troutman Sanders’ Washington Energy Report

On June 30, 2017, the Massachusetts Department of Energy Resources (“DOER”) informed the Massachusetts Legislature of its adoption of a 200 MWh energy storage target for electric distribution companies (“EDCs”) to procure “viable and cost-effective energy storage systems” within the Commonwealth of Massachusetts.  DOER specified that the target is to be achieved by January 1, 2020, and would permit EDCs to identify the most cost-effective applications and the best locations for energy storage deployment, including both in front of the meter and behind the meter applications.
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Originally posted on Troutman Sanders’ Washington Energy Report

On June 22, 2017, both chambers of the New York State Legislature unanimously passed legislation—Senate Bill 5190 and Assembly Bill 6571 (collectively, the “Bill”)—which would require the New York Public Service Commission (“NYPSC”) to commence a proceeding to establish an Energy Storage Deployment Program for the State of New York within ninety days of the Bill’s effective date.  The Bill would also require that, no later than January 1, 2018, the NYPSC establish a target for the installation of energy storage systems through 2030, and programs that will enable the State of New York to meet those targets.  The Bill now heads to Governor Andrew Cuomo for signature.
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Originally posted on Troutman Sanders’ Washington Energy Report

On June 8, 2017, the California Independent System Operator (“CAISO”) released the draft final proposal of Phase 2 of its energy storage and distributed energy resources (“ESDER”) initiative.  The aim of the proposal is to lower the barrier to entry and market participation for various transmission grid-connected energy storage and distribution-connected resources. “Integrating these resources,” the proposal states, “will help lower carbon emissions and add operational flexibility.”
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On April 13, 2017 the Energy Storage Association (“ESA”) filed a complaint with FERC, alleging that PJM Interconnection, L.L.C. (“PJM”) had unilaterally implemented a series of changes to its Regulation market without FERC’s review and approval, in violation of the Federal Power Act (“FPA”).  ESA contended that its members who participate in the Regulation market had “suffered significant and detrimental financial harm” as a result of PJM’s changes, and that ESA was filing its complaint “to compel PJM to give the Commission the opportunity to determine whether each of these changes are just and reasonable and not unduly discriminatory.”
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