Global Power Law & Policy

Legal and Policy Developments Affecting the Global Power Industry.


Integrating Renewables and Storage: Key Issues
Join K&L Gates at the Infocast Wind Power Finance & Investment Summit
K&L Gates Welcomes Sydney Energy and Infrastructure Partner
Executive Summary Available: RMI’s “A Corporate Purchaser’s Guide to Risk Mitigation”
Tax Developments Provide Opportunities for Economic Growth in Indian Country
Join K&L Gates at Wind Power Finance & Investment Summit 2019
Screen Grabs: FERC’s NOPR Removes Screens in Organized Markets Where Market Mitigation Rules
What’s Next for California’s Low Carbon Fuel Standard?
Winds of Change

Integrating Renewables and Storage: Key Issues

American Bar Association – Section on Environment, Energy, and Resources Telephonic Program Call

Register here.

As the importance of renewable energy in the power generation mix grows, there are an increasing number of contexts in which its deployment in conjunction with storage will enhance the number and character of services, the potential number of active parties, and the possibilities for enhancement of distributed energy applications. Major issues related to the exercise of federal and state jurisdiction under existing and proposed laws have arisen, which will be of increasing importance as the capabilities of storage technology management and the possibilities for its integration with renewable energy resources continues to accelerate. This program will highlight three key areas currently illustrative of this point: federal and state initiatives to encourage energy storage; RTO implementation of FERC order no. 841: energy storage development issues; the challenges and opportunities for utilities presented by energy storage integration.

Roger Feldman, Co-Chair, SEER Renewable, Alternative, and Distributed Energy Resources Committee
Aaron Levine, Co-Chair, SEER Renewable, Alternative, and Distributed Energy Resources Committee

Judy Chang, Principal, The Brattle Group
Joy Ditto, President and CEO, Utilities Technology Council (UTC)
Bill Holmes, Partner, K&L Gates

Sponsoring SEER Committees: the Renewable, Alternative, and Distributed Energy Resources Committee, the Energy Infrastructure, Siting, and Reliability Committee, the Energy Markets and Finance Committee, and the Science and Technology Committee

Register here!

You must pre-register to participate.

Registrants may include members of co-sponsoring Section Committees, other Section members, and others who are not currently Section members. Upon registration, you will receive more detailed information about the location and dial-in information.
This program will not offer CLE.

Join K&L Gates at the Infocast Wind Power Finance & Investment Summit

K&L Gates welcomes you to join us at the Infocast Wind Power Finance & Investment Summit.  As a Gold Sponsor for the Summit, we are excited to have the opportunity to meet with you!  The conference will be held on February 5-7 at the Omni La Costa Resort and Spa in San Diego, CA.

K&L Gates Highlights

We look forward to seeing you!

Executive Summary Available: RMI’s “A Corporate Purchaser’s Guide to Risk Mitigation”

As more corporations with different risk tolerances seek to procure renewable energy, the standard power purchase agreement does not suit them all. RMI’s new report details risk mitigation strategies for corporate buyers of clean energy that give them a new menu of options for managing risk in long-term deals.

K&L Gates Portland partners Bill Holmes and Teresa Hill provided insights on the development of this report. 

“Copyright 2019, Rocky Mountain Institute. Originally published on RMI Outlet. Republished with permission.”

Tax Developments Provide Opportunities for Economic Growth in Indian Country

By Bart J. Freedman, Benjamin A. Mayer, Christina A. Elles, and Francesca M. Eick

Opportunities for economic growth in Indian country — including the development of retail space, hotels and resorts, energy projects, data farms, and more traditional farming activities, to name a few — are tied to several recent tax-related developments. These developments include federal regulations regarding the taxation of on-reservation real property and improvements leased and/or owned by non-Indians, whether tribes can collect sales taxes for on-reservation transactions with non-Indians, and how treaties can impact taxation of certain off-reservation activities. The developments are important for both tribes and nontribal parties interested in investing in on-reservation economic growth and development.

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Join K&L Gates at Wind Power Finance & Investment Summit 2019

February 5-7, 2019, Omni La Costa Resort & Spa, San Diego, CA

K&L Gates is proud to sponsor the 2019 Infocast Wind Power Finance & Investment Summit. The Summit is widely recognized as the leading gathering place for wind industry deal makers. Each year, the industry’s leading developers, investors, lenders, turbine suppliers, EPCs and other players gather to gain valuable insights into industry trends, get the latest market update on the finance and investment landscape, and efficiently schedule rounds of private meetings.

Bill Holmes will serve as the Master of Ceremonies for the conference.

We are pleased to offer clients and friends a 15% discount off of registration. Please contact Lauren Hagerich at for more information..

We hope to see you there!


Screen Grabs: FERC’s NOPR Removes Screens in Organized Markets Where Market Mitigation Rules

By William Keyser, Benjamin Tejblum, and Abraham F. Johns

On December 20, 2018, the Federal Energy Regulatory Commission (FERC) announced a Notice of Proposed Rule Making (NOPR) designed to simplify the horizontal market power analysis necessary for electric power sellers to secure market-based rate authority in some wholesale power markets.  Specifically, the NOPR eliminates the need to perform two indicative screens (the pivotal supplier screen and the wholesale market share screen) in capacity markets and wholesale power markets already subject to Commission-approved monitoring and mitigation rules.  Notably, the Southwest Power Pool and California Independent System Operator wholesale markets are not subject to these monitoring and mitigation rules, so parties seeking market-based rate authority to sell capacity in those markets must still perform the two indicative screens.  This simplification will relieve the added procedural burden of administering the indicative screens for parties seeking market-based rate authority in the other FERC-regulated markets. 

The NOPR also proposes to remove the presumption that market monitoring or mitigation measures will adequately address indicative screen failures in organized wholesale power markets where the grid operator does not administer a capacity market. Rather, the NOPR proposes that in the event of an indicative screen failure in those markets, applicants submit a delivered-price test or other evidence demonstrating a lack of horizontal market power or that the applicant propose other mitigation for capacity sales in those markets. 

K&L Gates attorneys will continue to monitor these developments and assist our clients navigating compliance with FERC rules and regulations.


January 9-11, 2019

K&L Gates is proud to sponsor the 2019 Infocast Renewable Energy Buyers’ Summit (REBA). REBA is an invitation-only event where renewable energy buyers gather to discuss renewable energy procurement best practices with their fellow corporate buyers, as well as get valuable insights from leading renewable energy experts.

Teresa Hill will be moderating a panel on Latest Trends in PPA Terms and Structuring, and Bill Holmes will be moderating two panels, Assessing the Potential of Green Tariffs as a Renewable Sourcing Option, where attendees will assess the potential of green tariffs to provide a viable sourcing solution for renewable buyers, and Distributed Energy Solutions to Meet Corporate Goals, which will focus on on-site solar and energy storage.

Please let us know if you will be in attendance!

What’s Next for California’s Low Carbon Fuel Standard?

By Buck Endemann

In September 2018, the California Air Resources Board (CARB) approved several significant changes to California’s Low Carbon Fuel Standard (LCFS) that will take affect on January 1, 2019. [1] The LCFS is California’s “cap and trade” regime for transportation fuels, where fuels are assigned a Carbon Intensity (CI) that varies depending on their feedstock and how they are produced or manufactured.  Producers of fuels with a CI under the annual cap (for 2018, 93.55 grams of CO2 equivalent per Megajoule) earn credits while producers of higher-carbon fuels like gasoline and diesel incur deficits and are required to buy offsetting credits to meet the annual average CI value.  Credits are bought and sold in the secondary market, and the current LCFS credit price of nearly $200/Metric Ton is driving the development of many facilities that are able to produce transportation fuels with low CI scores. 

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Winds of Change

Federal Auction for Offshore Wind Leases in Northeast Set Record High

By David L. Wochner, Abraham F. Johns, and Michael L. O’Neill

On December 13 and 14, 2018, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) conducted an auction for three offshore wind power parcels in Massachusetts. The auction not only broke the record [1] for number of companies bidding, but also for being the highest grossing offshore wind lease sale. The promotion of federal offshore land auctions and positive statements [2] from both the Secretary of the Interior and the acting head of BOEM suggest that the Trump Administration remains committed to developing U.S. offshore wind resources.

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