Wilbur C. Earley

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Wilbur C. Earley

Energy Policy Advisor

Washington +1 202 662 5434 bearley@cov.com Download V-card

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Drawing on over 39 years of experience in the energy industry, Bud Earley, a non-lawyer senior advisor, provides analysis and advice on a wide range of federal and state energy regulatory issues, including transaction and rate issues, regional transmission organization (RTO) tariffs and rules, interconnection, retail choice and demand response for electricity customers, a natural gas pipelines and hydroelectric facility licenses, and LNG export authorizations.

Working with Covington teams, Mr. Earley has provided expert advice and analysis to investment firms, utilities, independent power producers, project developers, customers, marketers and U.S. and international energy companies,

Prior to joining Covington, Mr. Earley served for over 30 years in various staff positions at the Federal Energy Regulatory Commission (FERC). While at the FERC, Mr. Earley was instrumental in developing and applying policies regarding the transition of the electric utility industry to competition, including policies regarding independent power producers, transmission access, standard generator interconnection procedures, organized electricity markets, mergers and market-based rates.

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For a major U.S. utility, secured favorable rulings from FERC regarding rate incentives for major transmission projects, market-based rate authority for its generation assets and a declaratory order regarding an underwater transmission project.
For a major U.S. energy company, advised on securing DOE approval to export LNG and from FERC to construct an LNG terminal.
For a prominent coalition of major electricity market stakeholders, providing ongoing analyses and other services regarding state and federal regulatory and policy matters related to electricity competition.
For U.S. investment firms, secured FERC approval of the sale of a generator to a U.S. electric utility, and advised on the Federal Power Act implications of unwinding a series of investments in U.S. transmission and hydroelectric facilities.

For a prominent Asian investment firm, securing FERC approval of a substantial investment in a U.S. electric utility
For a U.S. and transmission cooperative, obtained a favorable ruling from FERC on a complaint against a transmission provider for violating its open access tariff, and securing an interconnection agreement for a new generator.
For potential LNG terminal developers, advised on the regulatory process for securing approvals from DOE and FERC to export LNG and build LNG terminal facilities.
For a coalition of U.S. electric generating companies, advised on successful federal court challenge of state regulatory interference in FERC-jurisdictional wholesale markets.
Advised foreign government agency on reforming its electricity market surveillance program.
For a U.S. generating company, successfully advised on organized market tariffs and business practices in an enforcement investigation regarding alleged market manipulation.

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Energy Bar Association

Allegheny Energy, Inc., Director of FERC and RTO External Affairs
FERC, Director of Regional Market Coordination, Office of Markets, Tariffs and Rates
FERC, Advisor to Commissioner William Massey
FERC, Director of Electricity Policy, Office of Economic Policy

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

FERC has approved a final rule that sets a $10 million threshold for requiring FERC prior approval of public utility mergers and consolidations and requires public utilities to simply notify FERC of mergers and consolidations with a value over $1 million but less than $10 million. The changes place mergers and consolidations under the same...… Continue Reading

FERC Proposes to Reduce Regulatory Burdens for Electricity Sellers in RTO/ISO Markets

FERC recently proposed to streamline its market power rules so that generators in markets operated by Regional Transmission Organizations and Independent System Operators would no longer need to demonstrate a lack of horizontal market power in order to charge flexible market-based rates. Instead, FERC will rely on the existing market monitoring and mitigation ...

DOE Drops “End Use” Requirement From LNG Export Reporting

DOE’s authorizations to export natural gas, including LNG, from the U.S. impose reporting requirements regarding the destination of the exported gas and certain contracts regarding its supply and sales. DOE recently modified one of those requirements in a significant way and proposed sharper guidelines for complying another to minimize regulatory burdens and ...

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 ...

DOE Fast Tracks Small Scale LNG Exports and Provides Assurance on Export Orders

The Department of Energy (DOE) recently acted in two separate orders to clear the path for small volume exports of LNG and allay concerns about the durability of its export authorizations. In July, 2018, DOE adopted a rule to streamline its standards and process for approving small-scale LNG exports. In a separate policy statement issued...… Continue Reading

FERC Calls For More Comments On Distributed Resource Aggregation

Taking another step toward a comprehensive policy on the participation of electric storage resources and other distributed electric resources (DERs) in wholesale markets run by independent grid operators, FERC has requested additional comments on its proposal regarding aggregating DERs and their potential effects on the bulk power system. FERC’s request follows ...

FERC Reviewing Gas Pipeline Policy

Under the Natural Gas Act (NGA), FERC certificates the construction and operation of pipelines to transport natural gas in interstate commerce if they are “required by the present or future public convenience and necessity.” For almost two decades, FERC has used a 1999 policy statement’s guidelines to evaluate whether new pipelines meet that statutory ...

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 ...

Too Much of a Good Thing? An Illustrated Guide to Solar Curtailment on California’s Grid

Bud Earley is quoted in a Green Tech Media article examining how California is managing oversupply of solar power. According to Earley, wind generators are not curtailing because they “generally receive -- in addition to market revenues -- production tax credits, renewable energy credits, and contractual energy payments, which amount to about $130/MWh for the ...

FERC Clarifies Cost Recovery Flexibility for Electronic Storage Resources

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, ...

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University of Maryland, B.A., 1976

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