Demand Management/Smart Grid

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Covington's team including a former Commissioner at Federal Energy Regulatory Commission (FERC), a senior FERC electricity policy staff member, a former General Counsel of Constellation Energy, and a former Assistant General Counsel at the Commodity Futures Trading Commission - represents a wide range of clients with respect to the smart grid, grid access, net metering, demand response, grid interconnection, and investment in transmission and distribution technologies and resources.

Our attorneys are sought out and retained for their comprehensive and first-hand knowledge of the legal complexities involving the efficient distribution and allocation of power. The firm’s data privacy practice also frequently provides counsel on privacy issues that arise from expanded deployment of “smart grid” technologies.

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EU Commission Issues Recommendation on Cybersecurity in the Energy Sector

The European Commission (“Commission”) has published a Recommendation on cybersecurity in the energy sector (“Recommendation”). The Recommendation builds on recent EU legislation in this area, including the NIS Directive and EU Cybersecurity Act (see our posts here and here). It sets out guidance to achieve a higher level of cybersecurity taking into account ...

New York Proposes Innovative Carbon Pricing for Electricity

Carbon pricing is seen by many as an effective means of reducing carbon dioxide (CO2) emissions from electricity generation. California and several Eastern states have enacted “cap and trade” emission allowance programs, which have forced generators in those states to pay a price for their CO2 emissions. With the Obama Administration’s Clean Power Plan not...… ...

FERC Proposes Notice Requirement For Public Utility Mergers and Acquisitions Under New Monetary Threshold

A recent amendment to the Federal Power Act (FPA) that will become effective March 27, 2019 sets a $10 million threshold for requiring Federal Energy Regulatory Commission (FERC) prior approval of public utility mergers and consolidations. That amendment also calls for FERC to adopt a rule requiring public utilities to simply notify FERC of mergers...… Continue ...

PSE&G Becomes First Public Utility to Secure SAFETY Act Liability Protections from DHS

Public Service Electric and Gas Company (PSE&G), New Jersey’s oldest and largest regulated gas and electric delivery utility, recently became the first utility in the United States to secure liability protections under the Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2002 for its internal physical security program. The July 9, ...

State Investments in Electric Vehicle Charging Infrastructure

Various studies indicate that an overall lack of charging infrastructure serves as an impediment to the widespread adoption of electric vehicles (EVs). However, the road to transportation electrification is officially under construction following several major state investments. At the end of May, in the largest single state-level investment in EV charging ...

Industry is Leading the Way on Transportation Electrification

On June 19th, a group of diverse businesses from a variety of industries announced the formation of the Transportation Electrification Accord (“Accord”). This announcement signaled an increasingly firm consensus around the importance of open, resilient, and cooperative approaches to transportation electrification — and major companies and organizations, some of ...

Coming Up: FERC Conference on Storage Resources in PJM

In its recent landmark Order No. 841, FERC directed Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to remove barriers to participation by electric storage resources in their wholesale electricity markets. The expectation is that each RTO/ISO will adopt rules that recognize and compensate physical and operational ...

FERC Requires Generators to Provide Primary Frequency Response

FERC has approved a final rule requiring generating facilities that interconnect to the grid to provide primary frequency response.[1] Primary frequency response actions are needed to stop extraordinary deviations from the grid’s target frequency that could cause grid instability. The North American Electric Reliability Corporation, the group responsible for ...

FERC Lowers Barriers to Electricity Storage

The Federal Energy Regulatory Commission (FERC), with four new Commissioners confirmed during the latter half of 2017, including a new Chairman, is taking a critical next step toward clearing away obstacles to wholesale market participation by storage resources, a key emerging technology. At its recent public meeting, FERC approved a final rule that largely ...

FERC Requests More Comments on Grid Service Proposal

In November 2016, FERC issued a Notice of Proposed Rulemaking (NOPR) that would require new generating facilities to install and operate equipment that provides primary frequency response service to the grid. Based on some of the comments received on the NOPR, FERC issued a request for supplemental comments. The reliable operation of the alternating ...

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