California’s Carbon Concern: Leakage from the Imbalance Market

As interest in the Western Energy Imbalance Market  (“EIM”) grows, regulators  at the California Air Resources Board (“CARB”) are facing concerns, once again, about carbon leakage from the state’s mandatory cap and trade program under AB 32. In the context of carbon markets, leakage describes the phenomenon in which a local (in this case, California) […]

BLM Increases Mineral Cost Recovery Fees

If you operate on lands managed by the Bureau of Land Management (BLM) or anticipate doing so in the future, please note that some of the BLM fees are increasing.  Beginning on October 1, 2016, BLM plans to implement a new fee schedule to recover costs resulting from processing actions such as lease applications, name […]

Energy Imbalance Market Marches on: FERC Conditionally Approves APS Request to Participate in EIM

high voltage transmission lines, Primm Valley, NV
The California ISO’s (“CAISO”) initiative to make energy imbalance market services available to balancing authorities throughout the Western Interconnection has claimed another success. On August 31, FERC conditionally approved Arizona Public Service Company’s (“APS”) request to participate in the Western Energy Imbalance market (“EIM”), but denied APS its request to utilize true m

Governor Hickenlooper Considers Executive Action to Cut Carbon from Colorado’s Power Sector?

With the Clean Power Plan currently stayed in federal court, Colorado Governor John Hickenlooper appears to be considering his own options to act unilaterally on climate change. In a draft executive order leaked this week, the Governor’s office recounts the challenges of clean air and climate change and directs Colorado’s state agencies as follows: Colorado […]

Arizona Public Service Company Rate Case Proposes Changes to Net Metering and Residential Demand Charge Implementation

invest to energy concept - euro in bulb - piggybank
On June 1, 2016, Arizona Public Service Company (“APS”) filed an application for a rate increase with the Arizona Corporation Commission (“ACC”).  APS is requesting an increase in base rate revenue of $165.9 million or 5.74% net of existing adjustor mechanisms.  APS also seeks to transfer to base rates $267.6 million that is currently collected […]

Arizona Supreme Court Permits Innovation in Ratemaking

AZ Corp Comm
On August 8, 2016, the Arizona Supreme Court upheld a decision by the Arizona Corporation Commission (Commission) allowing a private water utility to impose a monthly surcharge on customers to help pay for deteriorating infrastructure.  That monthly surcharge is known as the System Improvements Benefit, or SIB, and is loosely based on the  system improvement […]

State Attorneys General Take Issue with Inclusion of Clean Water Rule in Proposed Reissuance of Nationwide Permits

The Attorneys General for Alabama, Georgia, Florida, Kansas, Michigan, Ohio, Oklahoma, South Carolina, Tennessee, West Virginia, and Wisconsin sent a comment letter to the Army Corps of Engineers contesting the inclusion of the Clean Water Rule (also known as the Waters of the United States Rule, or “WOTUS” Rule) in the proposed reissuance of certain […]

Asset Management Program for Electric Utilities – Coming to a Utility near You?

The International Organization for Standardization (ISO) is a worldwide federation of national standards bodies.  Recently, U.S. utilities have begun to examine the use of ISO 55001 which is an ISO standard that provides certification for utility asset management programs. Asset management programs involve an evaluation of the current “maturity” of utility’s facilities as compared to [&hell