Renewable portfolio standard

By Michael J. Gergen, Jared W. Johnson, and David E. Pettit

On June 19, 2014, the Federal Energy Regulatory Commission (“FERC” or “Commission”) conditionally accepted revisions to the California Independent System Operator Corporation’s (“CAISO”) FERC Electric Tariff to implement the CAISO’s proposed Energy Imbalance Market (“EIM”) that will allow neighboring balancing area authorities (“BAAs”) in the western states to participate in the imbalance energy portion of the CAISO’s real-time market.  Energy imbalance services have long been required as an “ancillary service” under FERC’s open access regulations and pro forma open access transmission tariff (“OATT”).  In its proposal, the CAISO noted that the EIM was effectively an expansion of its existing real-time energy market allowing to take part in the EIM alongside entities already transacting within the CAISO.  PacifiCorp’s two BAAs will be the first to participate in the EIM, and in a concurrent order, FERC also conditionally accepted in large part corresponding revisions to PacifiCorp’s OATT.  NV Energy has also entered into an implementation agreement with the CAISO to join the EIM.  Although several market participants protested various aspects of the CAISO’s proposed design of the EIM, most of it was approved by FERC.  The CAISO plans to start the new EIM on October 1, 2014.    

By Marc Campopiano and Tim Henderson

On March 11, 2013, the California Energy Commission (CEC) released a proposed Seventh Edition of the Renewables Portfolio Standard (RPS) Eligibility Guidebook (proposed Guidebook).  As we discussed in a previous blog entry, on March 28, 2012, the CEC suspended the RPS eligibility of power plants generating electricity using biomethane. 

In response to the passage of AB 2196, which created a pathway for using biomethane to generate RPS-eligible electricity, the proposed Guidebook would lift

By Jared W. Johnson

As we detailed in prior commentary, almost two years ago, California Governor Jerry Brown signed Senate Bill (SB) 2 1X (2011), which increased California’s Renewables Portfolio Standard (RPS) to 33% by 2020.  Among the features of SB 2 1X was the expansion of the RPS to cover publicly owned utilities or POUs. 

Section 399.30 of the legislation authorized the California Energy Commission (CEC) to develop regulations specifying procedures for enforcement of the 33% RPS standard

By Joshua T. Bledsoe, Tim B. Henderson, and Jared W. Johnson

Seeking to quell uncertainty surrounding the definition of resource shuffling ahead of the first cap-and-trade auction on November 14, 2012, the California Air Resources Board (“CARB”) passed a Resolution on October 18, 2012, requiring the Executive Officer to redefine resource shuffling and provide concrete examples.  CARB’s Resolution requires CARB Staff to issue proposed regulatory amendments by mid-2013 and release regulatory guidance consistent with the Resolution before the

By Marc T. Campopiano and Tim B. Henderson

On August 9, 2012, the California Energy Commission (CEC) adopted a revised Sixth Edition of the Renewables Portfolio Standard Eligibility Guidebook (RPS Guidebook) to clarify changes to the RPS Guidebook Fifth Edition, which was recently adopted on May 9, 2012, as described in our prior blog discussion.  Highlights of the changes include the following:

  • The CEC clarified additional RPS requirements for generating facilities with a first point of interconnection to the

By Joshua T. Bledsoe, Tim B. Henderson, and Jared W. Johnson

With the first auction in California’s cap and trade program fast-approaching on November 14, 2012, the California Air Resources Board (“ARB”) recently suspended a much-discussed aspect of the program that requires first deliverers of electricity to attest that they have not engaged in “resource shuffling.”  Resource shuffling involves a seller of energy into California modifying its portfolio of sales so that lower or no-emission electricity is

By Marc Campopiano and Tim Henderson

On May 9, 2012, the California Energy Commission (CEC) adopted a revised Renewables Portfolio Standard (RPS) Eligibility Guidebook.  The update implements several key modifications to the RPS eligibility criteria, including but not limited to:

  •  Incorporating changes required by Senate Bill X1-2, which raised the RPS to 33 percent by 2020.  Signed by Governor Brown on April 12, 2011, Senate Bill X1-2 made other significant revisions to the RPS, including covering publicly-owned utilities

By Michael Feeley and Aron Potash

A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources Board (CARB) on October 20, 2011, California will require certain emitters of GHGs to obtain allowances or offsets in amounts commensurate to their respective emissions

By David B. Amerikaner, Marc T. Campopiano, Michael J. Gergen, Laura Godfrey, David A. Goldberg and Jared W. Johnson

On April 12, 2011, Governor Jerry Brown signed Senate Bill 2 to increase California’s Renewables Portfolio Standard (RPS) to 33% by 2020, among the most aggressive renewable energy goals in the United States.  Originally enacted in 2002, California’s RPS previously set a 20% by 2010 standard.  The new RPS requires regulated sellers of electricity to procure

On March 21, 2011, the Senate Committee on Energy and Natural Resources (ENR Committee) issued a white paper (PDF) laying out some of the key questions and potential design elements of a Clean Energy Standard (CES).  The white paper notes that President Obama in his January 2011  State of the Union address proposed a CES that would require that 80 percent of the nation’s electricity come from clean energy technologies by 2035.  The white paper provides that the ENR Committee