energy efficiency

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The legislation includes six key measures to cut greenhouse gas emissions and to reach carbon neutrality by 2050.

By Paul A. Davies and Michael D. Green

The French Parliament has adopted a new climate energy package to tackle the effects of climate change and boost France’s energy transition endeavors to reach carbon neutrality by 2050. As per Article 4.1 of the 2015 Paris Agreement, carbon neutrality is defined in the package as the balance, across the national territory, between anthropic emissions by sources and removal of greenhouse gases by sinks. Six key goals comprise this latest legislation.

Building owners and developers will need to provide energy performance certificates for buildings.

By Paul A. Davies and Michael D. Green

The European Union has published a directive aimed at improving building energy efficiency and reducing carbon emissions. EU Member States are required to transpose the directive (Directive (EU) 2018/844) by March 10, 2020.

The directive, published on June 19, 2018, replaces the previous directive on the energy performance of buildings, which was first introduced in 2002 and then recast in 2010. The directive, forms part of the Clean Energy for all Europeans legislative package and is designed to promote energy efficiency in both old and new buildings as well as encourage building renovation. The revised directive is one of the EU’s eight proposals to achieve the Energy Union targets.

By Michael J. Gergen, Marc T. Campopiano and Andrew H. Meyer

On September 5, 2014, San Diego Gas & Electric (“SDG&E”) issued a 2014 Energy Storage System (“ESS”) Request for Offers (“RFO”) soliciting at least 25 MW—and up to 800 MW—of energy storage (the “2014 ES RFO”).  SDG&E’s 2014 ES RFO is among the largest solicitations to date in the U.S. for grid-scale energy storage resources.

By Michael J. Gergen, Marc T. Campopiano, and Andrew H. Meyer

On August 14, 2014, the California Public Utilities Commission (“CPUC”) issued an Order Instituting Rulemaking (“Order”) to establish policies, procedures, and rules to guide California investor-owned electric utilities (“IOUs”) in developing their Distribution Resources Plan Proposals (“DRPs”) in accordance with the requirements of Public Utilities Code Section 769.  In particular, the rulemaking will evaluate the IOUs’ existing and future electric distribution infrastructure and planning procedures with respect to incorporating Distributed Energy Resources (“DERs”) into the planning and operation of their electric distribution systems.  DERs include distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies. 

By Michael Gergen and Eli Hopson

On July 3, 2014, the United States Department of Energy’s (DOE) Loan Programs Office issued a new “Renewable Energy and Efficient Energy” solicitation for loan guarantees. DOE issued the Renewable Energy and Efficient Energy solicitation under Title XVII of the Energy Policy Act of 2005 and its implementing regulations under 10 C.F.R. Part 609. The solicitation states that DOE will support as much as $4 billion in loan guarantees (direct authority to issue approximately $2.5 billion in guarantees and remaining appropriations of $169 million to cover credit subsidy costs – estimated to support some multiple amount of guarantees).

By Michael J. Gergen and Miles B. Farmer

On May 23, 2014, the U.S. Court of Appeals for the D.C. Circuit Court issued a decision in Electric Power Supply Association v. FERC (“EPSA”) vacating and remanding FERC’s Order No. 745, which provides compensation for demand response resources that participate in the energy markets administered by Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”).  The decision holds that the Federal Energy Regulatory Commission (“FERC” or “Commission”) did not have jurisdiction under the Federal Power Act (“FPA”) to issue Order No. 745 because demand response is part of the retail market, which is exclusively within the states’ jurisdiction to regulate.  Furthermore, the court holds that even if FERC did have jurisdiction under the FPA to issue Order No. 745, the Order would still fail as arbitrary and capricious because FERC failed to properly consider concerns of the petitioner and other parties that Order No. 745 would result in unjust and unreasonable rates because it would overcompensate demand response resources.

By Michael Gergen and David Pettit

On March 19, 2013, in County of Sonoma v. Federal Housing Finance Authority, the U.S Court of Appeals for the 9th Circuit joined the 2nd and 11th Circuits in upholding a directive from the Federal Housing Finance Authority (“FHFA”) that restricts Fannie Mae and Freddie Mac from purchasing mortgages on properties encumbered by first-priority liens made under so-called Property-Assessed Clean Energy (“PACE”) programs.

PACE programs allow states and municipalities to use their power…

By James L. Arnone, Damon P. Mamalakis, and Janice M. Schneider

On June 30, 2011, District Judge Roger T. Benitez of the Southern District of California issued a decision allowing San Diego Gas and Electronic Company (SDG&E) to proceed with its construction of the Sunrise Powerlink, a 117-mile electrical transmission line that will connect the San Diego area with the vast renewable energy resources of California’s Imperial Valley.  When completed, the Sunrise Powerlink is expected to enhance the reliability…

On June 13, 2011, the White House released a new report by the National Science and Technology Council (NSTC) entitled “A Policy Framework for the 21st Century Grid: Enabling Our Secure Energy Future.”  The report highlights the need for continuing cooperation and collaboration between the Administration, the states, and other stakeholders in order to implement key actions.  Building on the Energy Independence and Security Act of 2007 and $4.5 billion in funding for electric grid modernization initiatives provided…