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- Transmission and Distribution
Covington has deep expertise and experience in electricity transmission and distribution issues. The team includes a former Commissioner at Federal Energy Regulatory Commission (FERC), a senior FERC electricity policy staff member, and a former General Counsel of Constellation Energy, each an expert on virtually every aspect of pricing, siting, planning and cost allocation for these resources. We represent utilities, customers, power producers, and wind and solar companies on the range of issues affecting the industry.
3rd Party Access to Distribution Resources and Required Retail Market Structure
Major national retail electricity supplier on the rules regarding 3rd party access to distribution resources and the retail market structure required to facilitate robust electricity supply competition in a dozen states including Texas, Pennsylvania, Illinois, Maine, Maryland, New York, Massachusetts and Ohio.
Hudson River Transmission Cable Installation
PSEG in structuring a project which would interconnect to Manhattan a 555 MW generating unit in New Jersey by means of a transmission cable to be installed under the Hudson River and advising on complex FERC open access, tariff, and other transmission issues.
Congestion Revenue Rights in California ISO
SDG&E in connection with a FERC and appellate court proceeding regarding congestion revenue rights in the California ISO.
Firm Transmission Service Successful Complaint
Southern Montana G&T Cooperative in a successful complaint at FERC involving firm transmission service, and on a range of disputes involving interconnection and transmission issues.
April 24, 2019, Inside Energy & Environment
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 ...
December 20, 2018, Inside Energy & Environment
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...… ...
November 16, 2018, Inside Energy & Environment
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 ...
August 28, 2018, Inside Energy & Environment
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, ...
June 23, 2018, Inside Energy & Environment
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 ...
June 23, 2018, Inside Energy & Environment
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 ...
April 6, 2018, Inside Energy & Environment
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 ...
February 22, 2018, Inside Energy & Environment
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 ...
February 22, 2018
NEW YORK—Latinvex has named Covington partners Nicole Duclos and Gabriel Mesa among “Latin America’s Top 100 Lawyers” in 2018. Ms. Duclos represents clients in international commercial and investment arbitration, as well as transnational litigation. Clients interviewed by Latinvex praised Ms. Duclos’ extensive arbitration experience, noting that she is “ready to ...
February 17, 2018, Inside Energy & Environment
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 ...
August 24, 2017, Inside Energy & Environment
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 ...
April 17, 2017, Covington Alert
On April 7, 2017, the SEC’s Division of Corporation Finance (the “Division”) issued a statement indicating that it will not recommend enforcement action to the SEC if companies subject to the SEC’s conflict minerals reporting rule only file disclosure under the provisions of paragraphs (a) and (b) of Item 1.01 of Form SD, and not under paragraph (c) of Item ...
April 2017, Pratt's Energy Law Report
The Federal Energy Regulatory Commission issued a Policy Statement clarifying the flexibility electric storage resources have regarding rate designs to recover their costs. Wilbur ("Bud") Earley discusses these policies and rules, which are of interest to storage operators and investors, grid managers, other participants in Regional Transmission Organizations, ...
February 27, 2017
NEW YORK—Latinvex has named Covington partners Gabriel Mesa and Nicole Duclos among “Latin America’s Top 100 Lawyers” in 2017. Mr. Mesa counsels corporations in joint ventures and private mergers and acquisitions in Latin America and other emerging markets, as well as in the United States. A client described Mr. Mesa as "an excellent lawyer,” noting that his ...
September 12, 2013, Covington E-Alert
July 25, 2013, Covington E-Alert
October 25, 2012, Covington E-Alert
FERC Approves Rules to Improve Compensation to Demand Response in Organized Electricity Markets
April 1, 2011, Covington E-Alert
February 25, 2011, Covington E-Alert
January 11, 2011, Covington E-Alert
November 1, 2010, Covington E-Alert
October 29, 2010, Covington E-Alert
June 28, 2010, Covington E-Alert
May 13, 2010, Covington E-Alert
April 1, 2010, Covington E-Alert
March 29, 2010, Covington E-Alert
October 15, 2009, Covington E-Alert
September 24, 2009, Covington E-Alert
July 22, 2009, Covington E-Alert
February 17, 2009, Covington E-Alert
FERC Acts on Enforcement Compliance Policy, Standards of Conduct and Organized Electricity Markets
October 27, 2008, Covington E-Alert
September 24, 2008, Covington E-Alert