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Drawing on has 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.
- 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.
Memberships and Affiliations
- Energy Bar Association
Previous Experience
- 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
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 7, 2018, Inside Energy & Environment
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
April 30, 2018, Inside Energy & Environment
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 ...
April 25, 2018, Inside Energy & Environment
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 ...
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 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 ...
August 16, 2017, Inside Energy & Environment
This is the third and final of three posts on this blog providing short summaries of the generic electricity policy initiatives already teed up and awaiting possible action by the newly-constituted FERC. Together, these three posts describe initiatives that address fundamental market and resource issues spanning a broad range of FERC’s electricity authorities. ...
August 14, 2017, Inside Energy & Environment
This is the second post of three on this blog providing short summaries of the generic electricity policy initiatives already teed up and awaiting possible action by the newly-constituted FERC. Together, these three posts describe initiatives that address fundamental market and resource issues spanning a broad range of FERC’s electricity authorities. Today’s ...
Too Much of a Good Thing? An Illustrated Guide to Solar Curtailment on California’s Grid
April 3, 2017, Green Tech Media
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 ...
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, ...
January 2017, Energy Law Report
March 27, 2015, InsideEnergy&Environment Blog
November 10, 2014, InsideEnergy&Environment Blog
January 22, 2014, Covington E-Alert
September 12, 2013, Covington E-Alert
July 25, 2013, Covington E-Alert
November 20, 2012, Covington E-Alert
October 25, 2012, Covington E-Alert
July 26, 2012, Covington E-Alert
June 29, 2012, Covington E-Alert
May 23, 2012, Covington E-Alert
April 26, 2012, Covington E-Alert
February 29, 2012, Covington E-Alert
November 22, 2011, Covington E-Alert
July 12, 2011, Covington E-Alert
FERC Begins Review of Transmission Investment Incentives, Possibly Signaling a Change in Policy
May 31, 2011, Covington E-Alert
FERC Approves Rules to Improve Compensation to Demand Response in Organized Electricity Markets
April 1, 2011, Covington E-Alert
FERC Opens Inquiry on Revising Market Power Standards in Light of Revised DOJ/FTC Merger Guidelines
March 31, 2011, Covington E-Alert
February 25, 2011, Covington E-Alert
January 11, 2011, Covington E-Alert
December 1, 2010, Covington E-Alert
December 1, 2010, Covington E-Alert
November 1, 2010, Covington E-Alert
October 29, 2010, Covington E-Alert
October 18, 2010, Covington E-Alert
July 29, 2010, Covington E-Alert
June 28, 2010, Covington E-Alert
June 18, 2010, Covington E-Alert
April 1, 2010, Covington E-Alert
March 29, 2010, Covington E-Alert
December 10, 2009, Covington E-Alert
November 5, 2009, Covington E-Alert
September 24, 2009, Covington E-Alert
August 7, 2009, Covington E-Alert
July 24, 2009, Covington E-Alert
July 22, 2009, Covington E-Alert
May 7, 2009, Covington E-Alert
April 29, 2009, Covington E-Alert
December 2, 2008, 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
June 26, 2008, Covington E-Alert