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Michael is focused on helping clients make the most of structural changes in the energy industry. Michael counsels clients on the rights and obligations of participants in organized electricity markets. With a background working as in house counsel for a Regional Transmission Organization (RTO) and a power trading firm, Michael is equipped to advise industry clients on numerous aspects of regulatory, financial, and transactional issues affecting the development and optimization of generation and transmission assets.

The Public Utility Commission of Texas (Commission) plays a vital role in regulating the Electric Reliability Council of Texas (ERCOT) wholesale market, and retail energy markets throughout all of Texas. This article identifies key projects and initiatives at the Commission that are ongoing in 2022 and have a major impact on the electric power grid and energy markets in Texas. The Commission continues to move rapidly as it implements the 2021 post-Uri legislative mandates, and we expect it to continue changing regulations affecting a wide swath of the market and the ERCOT system to bolster reliability.  Everyone engaged in the ERCOT market should continue to pay close attention to these reforms.  Husch Blackwell is following these key matters at the Commission and represents or advises clients on many of them. We are happy to answer any questions related to any item outlined below.  

Continue Reading Update on 2022 Activity at the Texas Public Utility Commission

On September 22, 2022, the U.S. Department of Energy (DOE) announced a $6-7 billion Funding Opportunity to begin the development of a nationwide program for the planning, construction, and operation of commercial-scale Regional Clean Hydrogen Hubs, known colloquially as “H2Hubs.” H2Hubs are defined as “a network of clean hydrogen producers, potential clean hydrogen consumers, and connective infrastructure located in close proximity.” The DOE’s effort results from the Bipartisan Infrastructure Law (BIL) passed in 2021. The BIL appropriates $8 billion over a five-year period (2022-2026) and amends the Energy Policy Act of 2005 to establish a program to develop four to ten regional H2Hubs.

Continue Reading The Pathway to U.S. Hydrogen Development is Established

In the wake of increasing inflation and as a means of codifying several of the Biden administration’s legislative priorities, the Senate passed the $750 billion Inflation Reduction Act on August 7, 2022 (the “Act”), by a 51-50 party-line vote. The Act, which is comprised of sweeping healthcare, energy, and tax measures, was approved by the House of Representatives on August 12, 2022, and signed into law by President Biden on August 16, 2022, creating a significant number of renewable energy sector benefits.

Continue Reading The Inflation Reduction Act: Green Energy Benefits

On April 21, 2022, a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power Act, the NOPR represents a significant and long-awaited step toward expansion and upgrade of the Nation’s high voltage grid. The NOPR is more limited than the Commission’s July 2021 Advanced Notice of Proposed Rulemaking, perhaps in an effort to bring the Commissioners closer together and to issue a Final Rule by year’s end. Comments are due 75 days from date of publication in the Federal Register, which will occur in the weeks following the Commission’s April 21 meeting. Reply comments are due 30 days after the initial comment deadline.

Continue Reading FERC’S Next Big Electric Initiative

In March 2022, Pacific Gas & Electric (“PG&E”) announced a partnership with General Motors to create a bidirectional electric vehicle (“EV”) charging program in California that would allow homes and small businesses to be powered in part, by charged EVs located on site.  The principal supplier of electricity in northern California, PG&E and General Motors, announced a Summer 2022 pilot program to test electric vehicle-to-grid and vehicle-to-home systems to improve electric reliability and increasingly satisfy consumer demand.
Continue Reading California’s Bidirectional Electric Vehicle Residential Charging Program

On November 19, we published an article on the Federal Energy Regulatory Commission’s (“FERC”) efforts to reform transmission planning and cost allocation issues addressed in FERC’s Advance Notice of Proposed Rulemaking (“ANOPR”).  Just last week, FERC issued a notice seeking comments in response to its November 15, 2021 technical conference on ANOPR in Docket No. RM21-17.  Please be advised that all interested persons are invited to file post-technical conference comments to address the issues raised during that event on or before November 30, 2021. 
Continue Reading Updates on FERC Transmission Planning Process Reform – 11/22/21

Regulatory Update – FERC transmission planning process reform

On July 15, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an Advanced Notice of Proposed Rulemaking (“ANOPR”) to broadly examine FERC’s current electric regional transmission planning, cost allocation, and generator interconnection policies.  The ANOPR seeks public comment on “potential reforms for longer-term regional transmission planning and cost-allocation processes that take into account more holistic planning, including planning for anticipated future generation, rethinking cost responsibility for regional transmission facilities and interconnection-related network upgrades, and enhanced transmission oversight over how new transmission facilities are identified and paid for.”  Issuance of a final rule could have a significant impact on transmission grid planning processes throughout the nation.  Below are some key takeaways and perspectives based on the ANOPR and its public comment process.

Continue Reading Updates on FERC Transmission Planning Process Reform

On May 7, 2021, pipeline operator Colonial Pipeline Company suffered a ransomware cyberattack on its namesake Colonial Pipeline. Hackers attacked computerized management equipment, effectively freezing one of the largest pipelines responsible for delivering gasoline and jet fuel across the Southeastern United States. The attack was the largest of its kind on an oil infrastructure target in United States history.

With FBI assistance, the company paid a $4.4 million ransom to restore pipeline operations. Law enforcement agencies and media sources identified DarkSide, a criminal hacking group, as the culprit.

In the wake of the attack, developers of energy projects which rely on pipelines to deliver products (from traditional oil to renewable natural gas) find themselves exposed to the new risk of ransomware attacks – a risk which security technology is still struggling to address. In the meantime, energy project stakeholders (from financing sources to offtake customers) are turning to cyber risk insurance for protection. Project financiers and offtake customers to whom firm delivery obligations are owed are increasingly seeking evidence of cyber risk coverage during diligence efforts. But not all policies are created equal; selecting the coverage most appropriate to a project requires an understanding of the types of coverage available and common exclusions.
Continue Reading Cyber Risk Insurance in the Wake of the Colonial Pipeline Cyberattack

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, a monumental $1.2 trillion bipartisan infrastructure bill. Given its wide scope, the bill will drive remarkable activity and long-term investment in a wide variety of infrastructure sectors. The infrastructure bill takes an expansive view on what constitutes infrastructure and includes significant funding for the electric power system, clean energy technologies, and oil and gas infrastructure.

Continue Reading Key Takeaways for Energy Companies from the Infrastructure Investment Jobs Act

Pursuant to the Renewable Fuel Standard (“RFS”), the U.S. Environmental Protection Agency (“U.S. EPA”) issues annual renewable volume obligations (“RVOs”), which set the minimum aggregate volume of renewable fuel that refiners must blend with transportation fuel for the following calendar year.

Refineries producing transportation fuel meet their RVOs by blending the required volume of renewable fuel into gasoline or diesel fuel or by acquiring credits (called renewable identification numbers, or “RINs”). The RFS permits “small” refineries – those producing fewer than 75,000 barrels of fuel per day – to claim an exemption by showing that meeting their RVOs would cause them “disproportionate economic hardship.”
Continue Reading Exemptions Under The Renewable Fuel Standard