Archive:July 7, 2022

Lessons To Be Learned from FERC’s Investigation of a New Power Project’s Participation in the New England Capacity Market
Carbon Quarterly – Volume 6

Lessons To Be Learned from FERC’s Investigation of a New Power Project’s Participation in the New England Capacity Market

By: Ruta K. SkucasKimberly B. FrankJennifer L. Mersing

On 28 June 2022, the Federal Energy Regulatory Commission (FERC) issued an order approving a Stipulation and Consent Agreement stemming from an enforcement investigation with Salem Harbor Power Development, LP (Salem Harbor or DevCo) in Docket No. IN18-18. Around a week prior to FERC issuing its Order, grid operator ISO New England, Inc. (ISO-NE) issued a notice to the market regarding the forthcoming settlement, then issued a second statement shortly thereafter. FERC’s Order, and any related forthcoming settlements, illustrate the consequence of failing to exercise the diligence necessary to ensure the accuracy of information reported by a market participant to an independent system operator/regional transmission organization (ISO/RTO), and sends a strong signal regarding the amount of discretion that ISO/RTO staff may exercise in implementing the market rules of its organization’s tariff.

For more information, please contact our Energy Infrastructure and Resources lawyers or visit our practice page.

Carbon Quarterly – Volume 6

By: Ankur K. TohanMolly K. BarkerTad J. MacfarlanSamuel R. BodenDavid J. RaphaelMatthew P. ClarkAlyssa A. MoirMelissa M. MalstromLaurie B. PurpuroBrianna K. Marshall

No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and energy efficiency at nearly every level of government and business. Changes in carbon—and more broadly greenhouse gas—policies have the potential to broadly impact our lives and livelihoods. The Carbon Quarterly offers a rundown of the latest developments.


Carbon Policy

  • The 2023 Farm Bill and the Growing Climate Solutions Act

Carbon Litigation and Regulation

  • Supreme Court Advances Major Questions Doctrine and Limits EPA’s Authority to Regulate Power Plant Carbon Emissions
  • The Courts Again Allow Agencies to Weigh Carbon
  • USDA to Invest US$1 Billion in Climate-Smart Agriculture and Forestry

Carbon Business

  • Continuing Carbon Offset Opportunities in Agriculture and Forestry

Carbon Spotlight

  • Weyerhaeuser’s Climate Change Solutions

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