Law & Lawyers

One if by Wholesale, Two if by Retail

Which path leads to the smart grid?

A fierce debate has erupted in the utility policy community, with battle lines drawn within FERC itself. In the effort to improve system efficiency, two competing alternatives stand out: to build the smart grid on large-scale demand response (DR) programs, or to build it around consumer behavior in retail markets.

Back to Business

Utility deals resume after 18 months of austerity.

Utilities are taking advantage of a sweet spot in the capital markets, pre-funding and refinancing at record low rates. But cheap money won’t resolve overhanging uncertainties preventing cap-ex projects and M&A deals. Greater certainty in America’s economic and policy outlook will clear a path for strategic change.

Energy Trading Under Dodd-Frank

Wall Street reform hits the utility business.

Utilities, long accustomed to regulation by FERC and state PUCs, now face extensive regulation of their energy trading activities by the Commodity Futures Trading Commission (CFTC). Under the Wall Street Reform and Consumer Protection Act—commonly known as Dodd-Frank—signed into law July 21, 2010, energy swap contracts may be subject to new capital, margin, reporting, business conduct, and other requirements that likely will increase their trading costs and create new compliance concerns.

Utility-Customer Partnerships

Engaging the consumer takes on new meaning.

Customer backlash over dynamic pricing and the smart-grid caught the industry unprepared. CIOs and top customer specialists share their strategies for engagement and attaining consumer satisfaction.

Bench Report: Top Ten Legal Decisions of 2010

2010 Law & Lawyers Report

1. Private Bargaining vs. Public Interest; 2. Negawatts = Megawatts?; 3. Smart Grid Skeptics; 4. Troubled Waters; 5. $1 Billion Down the Drain; 6. Feed-In Frenzy; 7. Spreading Downwind; 8. Violator Beware; 9. Greenhouse Two-Step; 10. SPP’s ‘Highway/Byway’ Plan.

Vendor Neutral

Former Pres. Bill Clinton and other dignitaries help Duke, Cisco and Charlotte, N.C., launch commercial efficiency initiative; AEP signs 20-year MOU to buy solar output from New Harvest plant; Wartsila expands gas-fired generator in Turkey; U.S. DOE awards geothermal RD&D grants; GE acquires Dresser for $3 billion, and also acquires Calnetix industrial cogen technology; SunEdison sells 70 MW Rovigo PV plant; Ford Motor Co.

Transactions (November 2010)

NRG buys Green Mountain Energy; Sempra divests domestic retail commodity operation, buys back $500 million in shares; TransCanada sells $1 billion in 10-year notes; Entergy floats $1.5 billion in four tranches; Exelon sells $900 million in two bond offerings; plus issues by Southern Company, Edison International, Nevada Power and CMS.

Black Swans and Turkeys

The industry isn’t as robust as we might think.

Investor-owned utilities might seem fairly robust, but they’re not impervious to unpredictable black-swan events. Ensuring the industry’s survival might depend on our ability to reduce our dependence on fragile and unsustainable regulatory structures.

Transmission Preemption

Federal policy trumps state siting authority.

In some states, transmission projects have slowed to a halt as regulators attempt to substitute their own need determinations for those of RTOs. The federal framework encourages cooperation, but Congress and the courts have given FERC clear authority over interstate transmission systems.

DR Distortion

Are subsidies the best way to achieve smart grid goals?

FERC has proposed that wholesale energy markets should subsidize load reductions with full LMP (locational marginal price), without deducting the customers’ retail savings. Such a policy could distort the market, and other solutions might achieve the same objectives more efficiently.