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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 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 Assesses Impact of Pipeline Project’s GHG Emissions On Climate Change

The Federal Energy Regulatory Commission (FERC) has for the first time ruled on whether the greenhouse gases (GHG) emitted during the construction and operation of a proposed natural gas pipeline has a significant impact on climate change in determining whether to authorize a project as consistent with public convenience and necessity under Section 7 of...… ...

FERC Upholds Rule Opening Electricity Markets to Distributed Resource Aggregators and Acts to Restrict State Regulator Interference

In two recent orders, the Federal Regulatory Energy Commission (FERC) continued its push to enable distributed energy resource (“DER”) aggregators to compete in organized wholesale electricity markets. DERs are located on the distribution system or behind the customer meter, and include electric storage resources, intermittent generation, distributed ...

FERC to Address Electrification and the Grid of the Future

FERC has opened a proceeding regarding the shift from non-electric to electric sources of energy at the point of final consumption, such as to fuel vehicles and to provide heating and cooling, including process heat at industrial facilities. To that end, FERC announced an April 29, 2021 conference “to initiate a dialog between Commissioners and...… Continue ...

FERC Rule: Some Fuel Cell Facilities May Qualify as QFs

The Federal Energy Regulatory Commission (FERC) has opened the door for fuel cell systems with integrated hydrocarbon reformation equipment to be certified as Qualifying Facility cogenerators under the Public Utility Regulatory Policies Act of 1978 (PURPA). The agency adopted a final rule that amends the definition of the useful thermal output of a QF ...

DOE Rule Sharply Limits Evaluation of Environmental Impacts of LNG Exports

In a recently adopted final rule, the Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementation procedures to include LNG exports by marine vessel within a categorical exclusion from NEPA review. DOE finds that the only source of potential environmental impacts within its authority to review are those associated with ...

FERC Proposes QF Status for Some Fuel Cell Facilities

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) that would allow certain Solid Oxide Fuel Cell (SOFC) systems to be certified as Qualifying Facilities under the Public Utility Regulatory Policies Act of 1978 (PURPA) and thus receive regulatory benefits meant, in part, to encourage the innovation and development of ...

FERC Opens Electricity Markets to Distributed Resource Aggregators

The FERC approved a final rule that will enable distributed energy resource (DER) aggregators to compete in organized wholesale electricity markets. DERs are located on the distribution system or behind the customer meter and include electric storage resources, intermittent generation, distributed generation, demand response, energy efficiency, thermal storage, ...

Electric Storage May Be Treated as Transmission

The Federal Energy Regulatory Commission (FERC) approved tariff terms for a Regional Transmission Operator (RTO) to treat electric storage resources as transmission facilities under certain circumstances. Previously, FERC approved only one case-specific proposal to treat storage as transmission. Treatment as a transmission facility provides additional ...

DOE Extends LNG Export Terms

The Department of Energy (DOE) adopted a new policy which extends the standard term for authorizations to export natural gas and liquefied natural gas (LNG) from the U.S. lower-48 states to countries without a free trade agreement with the U.S. to December 31, 2050. The standard term had been 20 years. The new standard term...… Continue Reading

FERC Revises PURPA Rules

The FERC recently issued a final rule (Order No. 872) revising its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA), which encourages the development of certain renewable and cogeneration facilities. PURPA, and FERC’s rules implementing it, establish benefits to those facilities by obligating electric utilities to purchase ...

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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Wilbur C. Earley

Representative Matters

Memberships and Affiliations

Previous Experience

News and Insights (Showing 5 of 72) (Showing 72 of 72)

Industries

Education

University of Maryland, B.A., 1976

Government Service