Deregulate or Re-Regulate, That is the Question

Nevada voters will go to the polls November 8 with more than the choice of the country’s next president on their ballot.  A ballot measure supported by the Las Vegas casinos would amend the state constitution to direct the Nevada legislature to create rules enabling the end of monopoly electric utility service.  A second vote […]

Hardrock Mining Financial Assurance Rule Goes to the White House for Review—December 1st Deadline Approaching

EPA’s proposed rule for CERCLA financial assurance for hardrock mining went to the White House last week for OMB review as the December 1st publication deadline set by the D.C. Circuit rapidly approaches. Section 108(b) of CERCLA directs EPA to develop requirements that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration [

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 […]