Illinois asks FERC to reopen Edison Mission inquiry

By Reuters


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The state of Illinois has asked the U.S. federal regulator to take another look into whether Edison Mission Energy's trading behavior was unethical and whether its actions caused higher electricity bills for consumers, Illinois officials said.

The Federal Energy Regulatory Commission in May settled with Edison Mission after a two-year investigation. It found that the unit of Edison International did not cooperate with the FERC investigation of its power sales practices in the PJM Interconnection gird area, which covers 13 states.

Edison Mission agreed to pay $7 million in civil penalties for hindering the FERC investigation and also committed to developing a program to ensure compliance with market regulations, which is expected to cost about $2 million.

Illinois Attorney General Lisa Madigan's office filed a motion calling for FERC to reopen the investigation into Edison Mission's trading behavior.

Illinois, along with power organizations in seven other states, asked FERC to reopen its investigation on the charges of marketing malfeasance by Edison Mission Energy in selling power into day-ahead and real-time power markets.

Susan Hedman, environment and energy counsel in the Illinois attorney general's office, said when the FERC order came out in May, she called cohorts in other states. She and her counterparts were dismayed that FERC only ruled on the method of reporting trading behavior by Edison Mission and did not address whether Edison Mission's practices were unlawful or unethical.

"That's one of the puzzling things about the FERC order," Hedman said.

FERC has 30 days to respond to the motions to reopen the investigation, said Barbara Connors, spokeswoman for FERC. She would not comment on claims that FERC ignored the core of the matter regarding Edison Mission market behavior.

Edison Mission sold power generated by another Edison International arm, Midwest Generation, which has about 6,000 megawatts of power generation units in Illinois.

The company admits that it sold power using a "high offer strategy," in which it offered its power at $999 per megawatt-hour - near the PJM market cap of $1,000 per MWh. Power sold in the day-ahead market in the PJM region including Illinois generally sells for less than $100 per MWh.

Doug McFarlan, spokesman for Edison Mission, said the company employed such marketing strategy to meet PJM rules while still having the power to meet contractual obligations in the real-time market, where the power was sold at competitive rates.

McFarlan said Edison Mission stopped such practices in April 2006, and that it followed all market rules before and after that date.

But the Illinois motion said, "Edison Mission did not cease the high offer strategy in April 2006."

McFarlan said the consultant hired by Illinois to look into PJM market data is mistaken and Edison Mission can show that market data indicating that power sales near the $1,000 bid cap since April 2006 are not related to his company.

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Gas-electric hybrid vehicles get a boost in the US from Ford, others

U.S. Hybrid Vehicle Sales Outlook highlights rising hybrid demand as an EV bridge, driven by emissions rules, range anxiety, charging infrastructure gaps, and automaker strategies from Ford, Toyota, and Stellantis across U.S. markets.

 

Key Points

Forecast of U.S. hybrid sales shaped by EV adoption, emissions rules, charging access, and automaker strategies.

✅ S&P sees hybrids at 24% of U.S. sales by 2028

✅ Bridges ICE to EV amid range and charging concerns

✅ Ford, Toyota, Stellantis expand U.S. hybrid lineups

 

Hybrid gasoline-electric vehicles may not be dying as fast as some predicted in the auto sector’s rush to develop all-electric models.

Ford Motor is the latest of several top automakers, including Toyota and Stellantis, planning to build and sell hundreds of thousands of hybrid vehicles in the U.S. over the next five years, industry forecasters told Reuters.

The companies are pitching hybrids as an alternative for retail and commercial customers who are seeking more sustainable transportation, but may not be ready to make the leap to a full electric vehicle.

"Hybrids really serve a lot of America," said Tim Ghriskey, senior portfolio strategist at New York-based investment manager Ingalls & Snyder. "Hybrid is a great alternative to a pure electric vehicle (and) it's an easier sell to a lot of customers."

Interest in hybrids is rebounding as consumer demand for pure electrics has not accelerated as quickly as expected, with EV market share dipping in Q1 2024 according to some analyses. Surveys cite a variety of reasons for tepid EV demand, from high initial cost and concerns about range to lengthy charging times and a shortage of public charging infrastructure in many regions.

“With the tightening of emissions requirements, hybrids provide a cleaner fleet without requiring buyers to take the leap into pure electrics,” said Sam Fiorani, vice president at AutoForecast Solutions.

S&P Global Mobility estimates hybrids will more than triple over the next five years, accounting for 24% of U.S. new vehicle sales in 2028. Sales of pure electrics will claim about 37%, supported by strong U.S. EV sales into 2024 momentum, leaving combustion vehicles — including so-called “mild” hybrids — with a nearly 40% share.

S&P estimates hybrids will account for just 7% of U.S. sales this year, and pure electrics 9%, underscoring that EV sales still lag gas cars as internal combustion engine (ICE) vehicles take more than 80%.

Historically, hybrids have accounted for less than 10% of total U.S. sales, with Toyota’s long-running Prius among the most popular models. The Japanese automaker has consistently said hybrids will play a key role in the company's long-range electrification plans as it slowly ramps up investment in pure EVs.

Ford is the latest to roll out more aggressive hybrid plans. On its second-quarter earnings call in late July, Chief Executive Jim Farley surprised analysts, saying Ford expects to quadruple its hybrid sales over the next five years after earlier promising an aggressive push into all-electric vehicles.

“This transition to EVs will be dynamic,” Farley told analysts. “We expect the EV market to remain volatile until the winners and losers shake out.”

Among Ford’s competitors, General Motors appears to have little interest in hybrids in the U.S., while Stellantis will follow Toyota and Ford’s hedge by offering U.S. buyers a choice of different powertrains, including hybrids, until sales of pure electric vehicles start to take off after mid-decade, a potential EV inflection point according to forecaster GlobalData.

In a statement, GM said it, echoing leadership's view that EVs won't go mainstream until key issues are addressed, "continues to be committed to its all-electric future ... While we will have hybrid vehicles in our global fleet, our focus remains on transitioning our portfolio to electric by 2030.”

Stellantis said hybrids now account for 36% of Jeep Wrangler sales and 19% of Chrysler Pacifica sales. In addition to new pure electric models coming soon, "we are very bullish on hybrids going forward," a spokesperson said.

This year, manufacturers are marketing more than 60 hybrids in the U.S. Toyota and its premium Lexus brand are selling at least 18 different hybrid models, enabling the Japanese automaker to maintain its stranglehold on the sector.

Hyundai and sister brand Kia offer seven hybrid models, with Ford and Lincoln six. Stellantis offers just three, and GM’s sole entry, due out later this year, is a hybrid version of the Chevrolet Corvette sports car.

But hybrids remain in short supply at many U.S. dealerships.

Andrew DiFeo, dealer principal at Hyundai of St. Augustine, south of Jacksonville, FL, doesn't see EV adoption hitting the levels the Biden administration wants until EV charging networks are as ubiquitous as gas stations.

"Hybrids are a great bridge to whatever the future holds,” said DiFeo, adding, “I've got zero in stock (and) I've got customers that want all of them."

 

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Group to create Canadian cyber standards for electricity sector IoT devices

Canadian Industrial IoT Cybersecurity Standards aim to unify device security for utilities, smart grids, SCADA, and OT systems, aligning with NERC CIP, enabling certification, trust marks, compliance testing, and safer energy sector deployments.

 

Key Points

National standards to secure industrial IoT for utilities and grids, enabling certification and NERC CIP alignment.

✅ Aligns with NERC CIP and NIST frameworks for energy sector security

✅ Defines certification, testing tools, and a trusted device repository

✅ Enhances OT, SCADA, and smart grid resilience against cyber threats

 

The Canadian energy sector has been buying Internet-connected sensors for monitoring a range of activities in generating plants, distribution networks facing harsh weather risks and home smart meters for several years. However, so far industrial IoT device makers have been creating their own security standards for devices, leaving energy producers and utilities at their mercy.

The industry hopes to change that by creating national cybersecurity standards for industrial IoT devices, with the goal of improving its ability to predict, prevent, respond to and recover from cyber threats, such as emerging ransomware attacks across the grid.

To help, the federal government today announced an $818,000 grant support a CIO Strategy Council project oversee the setting of standards.

In an interview council executive director Keith Jansa said the money will help a three-year effort that will include holding a set of cross-country meetings with industry, government, academics and interest groups to create the standards, tools to be able to test devices against the standards and the development of product repository of IoT safe devices companies can consult before making purchases.

“The challenge is there are a number of these devices that will be coming online over the next few years,” Jansa said. “IoT devices are designed for convenience and not for security, so how do you ensure that a technology an electricity utility secures is in fact safeguarded against cyber threats? Currently, there is no associated trust mark or certification that gives confidence associated with these devices.”

He also said the council will work with the North American Electric Reliability Corporation (NERC), which sets North American-wide utility safety procedural standards and informs efforts on protecting the power grid across jurisdictions. The industrial IoT standards will be product standards.

According to Robert Wong, vice-president and CIO of Toronto Hydro, all the big provincial utilities are subject to adhering to NERC CIP standards which have requirements for both cyber and physical security. Ontario is different from most provinces in that it has local distribution companies — like Toronto Hydro — which buy electricity in bulk and resell it to customers.  These LDCs don’t own or operate critical infrastructure and therefore don’t have to follow the NERC CIP standards.

Regional reforms, such as regulatory changes in Atlantic Canada, aim to bring greener power options to the grid.

Electricity is considered around the world as one of a country’s critical national infrastructure. Threats to the grid can be used for ransom or by a country for political pressure. Ukraine had its power network knocked offline in 2015 and 2016 by what were believed to be Russian-linked attackers operating against utilities.

All the big provincial utilities operate “critical infrastructure” and are subject to adhering to NERC CIP (critical infrastructure protection) standards, which have requirements for both cyber and physical security, as similar compromises at U.S. electric utilities have highlighted recently.  There are audited on a regular basis for compliance and can face hefty fines if they fail to meet the requirements.  The LDCs in Ontario don’t own or operate “critical infrastructure” and therefore are not required to adopt NERC CIP standards (at least for now).

The CIO Strategy Council is a forum for chief information officers that is helping set standards in a number of areas. In January it announced a partnership with the Internet Society’s Canada Chapter to create standards of practice for IoT security for consumer devices. As part of the federal government’s updated national cybersecurity strategy it is also developing a national cybersecurity standard for small and medium-sized businesses. That strategy would allow SMBs to advertise to customers that they meet minimum security requirements.

“The security of Canadians and our critical infrastructure is paramount,” federal minister of natural resources Seamus O’Regan said in a statement with today’s announcement. “Cyber attacks are becoming more common and dangerous. That’s why we are supporting this innovative project to protect the Canadian electricity sector.”

The announcement was welcomed by Robert Wong, Toronto Hydro’s vice-president and CIO. “Any additional investment towards strengthening the safeguards against cyberattacks to Canada’s critical infrastructure is definitely good news.  From the perspective of the electricity sector, the convergence of IT and OT (operational technology) has been happening for some time now as the traditional electricity grid has been transforming into a Smart Grid with the introduction of smart meters, SCADA systems, electronic sensors and monitors, smart relays, intelligent automated switching capabilities, distributed energy resources, and storage technologies (batteries, flywheels, compressed air, etc.).

“In my experience, many OT device and system manufacturers and vendors are still lagging the traditional IT vendors in incorporating Security by Design philosophies and effective security features into their products.  This, in turn, creates greater risks and challenges for utilities to protecting their critical infrastructures and ensuring a reliable supply of electricity to its customers.”

The Ontario Energy Board, which regulates the industry in the province, has led an initiative for all utilities to adopt the National Institute of Standards and Technology (NIST) Cybersecurity Framework, along with the ES-C2M2 maturity and Privacy By Design models, he noted.  Toronto Hydro has been managing its cybersecurity practice in adherence to these standards, as the city addresses growing electricity needs as well, he said.

“Other jurisdictions, such as Israel, have invested heavily on a national level in developing its cybersecurity capabilities and are seen as global leaders.  I am confident that given the availability of talent, capabilities and resources in Canada (especially around the GTA) if we get strong support and leadership at a federal level we can also emerge as a leader in this area as well.”

 

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Ukraine's parliament backs amendments to electricity market law

Ukraine Electricity Market Price Caps empower the regulator, the National Commission, to set marginal prices on day-ahead, intraday, and balancing markets, stabilize competition, support thermal plants, and sustain the heating season via green tariff obligations.

 

Key Points

Regulatory limits set by the National Commission to curb price spikes, ensure competition, and secure heat supply.

✅ Sets marginal prices for day-ahead, intraday, balancing markets

✅ Mitigates collusion risks; promotes effective competition

✅ Ensures TPP operation and heat supply during heating season

 

The Verkhovna Rada, Ukraine's parliament, has adopted at first reading a draft law that proposes giving the National Commission for State Regulation of Energy and Public Utilities the right to set marginal prices in the electricity market, amid EU market revamp plans that aim to reshape pricing, until 2023.

A total of 259 MPs voted for the document at a parliament meeting on Tuesday, November 12, amid electricity import pressures that have tested the grid, according to an Ukrinform correspondent.

Bill No. 2233 introducing amendments to the law on the electricity market provides for the legislative regulation of the mechanism for fulfilling special obligations for the purchase of electricity at a "green" tariff, preventing the uncontrolled growth of electricity prices due to the lack of effective competition, including recent price-fixing allegations that have raised concerns, ensuring heat supply to consumers during the heating period by regulating the issue of the functioning of thermal power plants in the new electricity market.

It is proposed to introduce respective amendments to the law of Ukraine on the electricity market, alongside steps toward synchronization with ENTSO-E to enhance system stability.

In particular, the draft law gives the regulator the right for the period until July 1, 2023 to set marginal prices on the day-ahead market, the intraday market and the balancing market for each trade zone, reflecting similar EU fixed-price contract initiatives being discussed, and to decide on the obligation for producers to submit proposals (applications) for the sale of electricity on the day-ahead market.

Lawmakers think that the adoption of the bill and empowering the regulator to set marginal prices in the relevant segments of the electricity market will prevent, even as rolling back prices in Europe remains difficult for policymakers, "an uncontrolled increase in electricity prices due to the lack of effective competition or collusion between market players, as well as regulate the issue of the functioning of thermal power plants during the autumn and winter period, which is a necessary prerequisite for providing heat to consumers during the heating period."

The new model of the electricity market was launched on July 1 as the UK weighs decoupling gas and power prices to shield consumers, in accordance with the provisions of the law on the electricity market, adopted in 2017.

 

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Shell’s strategic move into electricity

Shell's Industrial Electricity Supply Strategy targets UK and US industrial customers, leveraging gas-to-power, renewables, long-term PPAs, and energy transition momentum to disrupt utilities, cut costs, and secure demand in the evolving electricity market.

 

Key Points

Shell will sell power directly to industrial clients, leveraging gas, renewables, and PPAs to secure demand and pricing.

✅ Direct power sales to industrials in UK and US

✅ Leverages gas-to-power, renewables, and flexible sourcing

✅ Targets long-term PPAs, price stability, and demand security

 

Royal Dutch Shell’s decision to sell electricity direct to industrial customers is an intelligent and creative one. The shift is strategic and demonstrates that oil and gas majors are capable of adapting to a new world as the transition to a lower carbon economy develops. For those already in the business of providing electricity it represents a dangerous competitive threat. For the other oil majors it poses a direct challenge on whether they are really thinking about the future sufficiently strategically.

The move starts small with a business in the UK that will start trading early next year, in a market where the UK’s second-largest electricity operator has recently emerged, signaling intensifying competition. Shell will supply the business operations as a first step and it will then expand. But Britain is not the limit — Shell recently announced its intention of making similar sales in the US. Historically, oil and gas companies have considered a move into electricity as a step too far, with the sector seen as oversupplied and highly politicised because of sensitivity to consumer price rises. I went through three reviews during my time in the industry, each of which concluded that the electricity business was best left to someone else. What has changed? I think there are three strands of logic behind the strategy.

First, the state of the energy market. The price of gas in particular has fallen across the world over the last three years to the point where the International Energy Agency describes the current situation as a “glut”. Meanwhile, Shell has been developing an extensive range of gas assets, with more to come. In what has become a buyer’s market it is logical to get closer to the customer — establishing long-term deals that can soak up the supply, while options such as storing electricity in natural gas pipes gain attention in Europe. Given its reach, Shell could sign contracts to supply all the power needed by the UK’s National Health Service or with the public sector as a whole as well as big industrial users. It could agree long-term contracts with big businesses across the US.

To the buyers, Shell offers a high level of security from multiple sources with prices presumably set at a discount to the market. The mutual advantage is strong. Second, there is the transition to a lower carbon world. No one knows how fast this will move, but one thing is certain: electricity will be at the heart of the shift with power demand increasing in transportation, industry and the services sector as oil and coal are displaced. Shell, with its wide portfolio, can match inputs to the circumstances and policies of each location. It can match its global supplies of gas to growing Asian markets, including China’s 2060 electricity share projections, while developing a renewables-based electricity supply chain in Europe. The new company can buy supplies from other parts of the group or from outside. It has already agreed to buy all the power produced from the first Dutch offshore wind farm at Egmond aan Zee.

The move gives Shell the opportunity to enter the supply chain at any point — it does not have to own power stations any more than it now owns drilling rigs or helicopters. The third key factor is that the electricity market is not homogenous. The business of supplying power can be segmented. The retail market — supplying millions of households — may be under constant scrutiny, as efforts to fix the UK’s electricity grid keep infrastructure in the headlines, with suppliers vilified by the press and governments forced to threaten price caps but supplying power to industrial users is more stable and predictable, and done largely out of the public eye. The main industrial and commercial users are major companies well able to negotiate long-term deals.

Given its scale and reputation, Shell is likely to be a supplier of choice for industrial and commercial consumers and potentially capable of shaping prices. This is where the prospect of a powerful new competitor becomes another threat to utilities and retailers whose business models are already under pressure. In the European market in particular, electricity pricing mechanisms are evolving and public policies that give preference to renewables have undermined other sources of supply — especially those produced from gas. Once-powerful companies such as RWE and EON have lost much of their value as a result. In the UK, France and elsewhere, public and political hostility to price increases have made retail supply a risky and low-margin business at best. If the industrial market for electricity is now eaten away, the future for the existing utilities is desperate.

Shell’s move should raise a flag of concern for investors in the other oil and gas majors. The company is positioning itself for change. It is sending signals that it is now viable even if oil and gas prices do not increase and that it is not resisting the energy transition. Chief executive Ben van Beurden said last week that he was looking forward to his next car being electric. This ease with the future is rather rare. Shareholders should be asking the other players in the old oil and gas sector to spell out their strategies for the transition.

 

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ERCOT Issues RFP to Procure Capacity to Alleviate Winter Concerns

ERCOT Winter Capacity RFP seeks up to 3,000 MW through generation and demand response to bolster Texas grid reliability during peak load, leveraging Reliability Must-Run, incentive factors, and EEA risk mitigation for the 2023-24 season.

 

Key Points

An ERCOT initiative to procure 3,000 MW of generation and demand response to reduce EEA risk and improve reliability.

✅ Targets 3,000 MW from generation and demand response

✅ Uses RMR-style contracts with flexible incentive factors

✅ Aims to lower EEA probability below 10% this winter

 

The Electric Reliability Council of Texas (ERCOT) issued a request for proposals to stakeholders to procure up to 3,000 MW of generation or demand response capacity to meet load and reserve requirements during the winter 2023-24 peak load season (Dec. 1, 2023, through Feb. 29, 2024), amid ongoing Texas power grid challenges across the region.

ERCOT cited “several factors, including significant peak load growth since last winter, recent and proposed retirements of dispatchable Generation Resources, and recent extreme winter weather events, including Winter Storm Elliott in December 2022, Winter Storm Uri in February 2021, and the 2018 and 2011 winter storms, each of which resulted in abnormally high demand during winter weather.” It now seeks additional capacity under its “authority to prevent an anticipated Emergency Condition,” reflecting nationwide blackout risks identified by grid experts.

In its notice regarding the RFP, ERCOT identified a number of mothballed and recently decommissioned generation resources that may be eligible to offer capacity under the RFP. It further stated that offers must comport with the format of its “Reliability Must-Run” agreement but could include a proposed “Incentive Factor” that reflects the revenues the unit owners determine would be necessary to bring the unit back to operation. It added that the Incentive Factor is not necessarily limited to 10%. Providers of eligible demand response can submit offers based on similar principles that are not necessarily constrained by cost. The notice identifies potential acceptable sources of demand response, describes certain parameters for the kinds of demand response that are permitted to respond to the RFP, and outlines the time periods during which ERCOT must be able to deploy the demand response resources to improve electricity reliability across the system.

To meet the Dec. 1, 2023, service start date, ERCOT developed an aggressive timeline to solicit and evaluate proposals through the RFP. Responses to the RFP are due Nov. 6, 2023. ERCOT’s schedule provides that it will notify market participants that obtain awards on Nov. 23, 2023. Expect contracts to be executed by Nov. 30, 2023.

Unlike Regional Transmission Organizations in the Northeastern United States, ERCOT does not have a capacity market. Instead, ERCOT relies on a high price cap of $5,000 per MWh for its energy market (decreased from the $9,000 per MWh cap in effect during Winter Storm Uri) and an Operating Reserve Demand Curve adder that pays additional funds to generators supplying power and ancillary services, an area recently scrutinized for improper payments when supply conditions are tight. In the wake of Winter Storm Uri, some calls were made to have ERCOT adopt a capacity market for reliability reasons, and a number of legal battles continue to play out in the wake of Winter Storm Uri. (See recent McGuireWoods legal alert “Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas.”) Though a capacity market was not adopted, the Texas Legislature approved a $7.2 billion loan program, widely described as an electricity market bailout for generators, to build up to 10,000 MW of dispatchable generation. The legislature also approved a version of the Public Utility Commission of Texas’ proposal to establish a “Performance Credit Mechanism,” but with a cost cap of $1 billion.

The loss of life and economic impacts of Winter Storm Uri in 2021, along with the energy crunches and calls for conservation this past summer, are driving changes to ERCOT’s “energy-only” market, including electricity market reforms under consideration. Texas policymakers are providing multiple financial incentives to promote investment in dispatchable on-demand generation, and voters will consider funding to modernize generation measures this year to make the Texas grid more reliable and able to deal with power demand from a growing economy and increased demand for electricity driven by weather. In the meantime, ERCOT’s plan to procure 3,000 MW through this RFP process is a stopgap measure intended to bolster reliability for the upcoming winter season and lower the probability of load shed in the event of severe winter weather.

 

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Congressional Democrats push FERC to act on aggregated DERs

FERC DER Aggregation advances debates over distributed energy resources as Congress presses action on Order 841, grid resilience, and wholesale market access, including rooftop solar, storage, and virtual power plant participation across PJM and ISO-NE.

 

Key Points

FERC DER Aggregation enables grouped distributed resources to join wholesale markets, providing capacity and flexibility.

? Opens wholesale market access for aggregated DER portfolios

? Aligns with Order 841, storage, and grid resilience goals

? Raises jurisdictional questions between FERC and state regulators

 

The Monday letter from Congressional Democrats illustrates growing frustration in Washington over the lack of FERC action on multiple power sector issues, including the aging U.S. grid and related challenges.

Last May, after the FERC technical conference, 16 Democratic Senators wrote to then-Chairman Kevin McIntyre urging him to develop guidance for grid operators on aggregated DERs.

In July, McIntyre responded, saying that FERC was "diligently reviewing the record," but the commission has taken no action since.

Since then, "DER adoption and renewable energy aggregation have continued to grow," House and Senate lawmakers wrote in their identical Monday letters, "driven not only by state and federal policies, but consumer interest in choosing cost-competitive technologies such as rooftop solar, smart thermostats and customer-sited energy generation and storage, reflecting key utility trends in the sector."

The lawmakers wrote they were "encouraged" by FERC Chairman Neil Chatterjee's comments in June 2018, writing that he "specifically cited the role DERs will play in our continued grid transition."

In that speech at the S&P Global Platts 2018 Transmission Planning and Development Conference, Chatterjee noted "growing interest" in non-transmission alternatives, including "DERs and storage."

"How the Commission treats filings associated with those first-of-kind projects could prove an important factor in investors’ assessments of whether similar non-traditional projects are bankable or not — and more broadly signal whether FERC is open to innovation in the transmission sector,” he said.

In addition to the DER order and rehearing decision on Order 841, FERC has multiple other power sector initiatives that have not seen official action in months, even as major changes to electricity pricing are debated by stakeholders.

The highest profile is its open proceeding on grid resilience, set up last January after FERC rejected a coal and nuclear bailout proposal from the Department of Energy. In October, the CEO of the PJM Interconnection, the nation’s largest wholesale power market, urged FERC to issue a final order in the docket, calling for "leadership" from the commission.

Chatterjee, however, has not indicated when FERC could decide on the case. In December, Commissioner Rich Glick told a Washington audience he is "not entirely sure where the chairman wants to go with that proceeding yet."

Outside of resilience, FERC also has open reviews of both its pipeline certificate policy and implementation of the Public Utilities Regulatory Policy Act, a key law supporting renewable energy. McIntrye set those reviews in motion during his tenure as chairman, but after his death in January the timing of both remains unclear.

In recent months, Chatterjee has also delayed FERC votes on major export facilities for liquefied natural gas and a political spending case involving PJM after impasses between Republicans and Democrats on FERC.

Two members from each party currently sit on the commission. That allows Democrats to deadlock commission votes on natural gas facilities and other issues — a partisan divide on display this week when they clashed with the chairman over offshore wind.

As the commission considers final guidance on DERs, the boundaries of federal jurisdiction are likely to be a key issue. At the technical conference, states from the Midcontinent ISO argued FERC should allow them to choose whether to let aggregated DERs participate in retail and wholesale markets. Other states argued the value proposition of distributed resources may rely on that sort of dual participation.

Despite the lack of action from FERC, some grid operators are moving forward with aggregated distributed resources in New England market reform efforts and elsewhere, demonstrating momentum. Last week, a residential solar-plus-storage aggregation cleared the ISO-NE capacity auction for the first time, committing to provide 20 MW of capacity beginning in 2022.

On the Senate side, Sens. Sheldon Whitehouse, R.I., and Ed Markey, Mass., led the letter to FERC. In the House, Reps. Peter Welch, Vt., and Mike Levin, Calif., led the signatories.

 

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