Category: The Americas

1
New York Signals Continued Support for Energy Storage as Governor Signs Procurement Target Legislation
2
Please Join Us: Connecting the Dots: U.S. and International Issues and Regulatory Developments on Connected Cars/Autonomous Vehicles
3
United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?
4
Energy Department Seeks Input on Regulatory Reform
5
CPUC Requires Additional 500 MW of Energy Storage from California IOUs
6
The Business of of Wind in the Northwest – Presented by The Seminar Group
7
Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change
8
Oregon Lawmakers Consider Carbon Pricing Legislation
9
WUTC Proposes Changes to Planning Paradigms and IRP Models for Energy Storage Technologies
10
MassCEC Solicits Proposals for Innovative Energy Storage Uses Cases and Business Models

New York Signals Continued Support for Energy Storage as Governor Signs Procurement Target Legislation

By Buck Endemann, Bill Holmes, and Mike O’Neill

On November 29, 2017, New York Gov. Andrew Cuomo (D) signed Assembly Bill A6571.  Passed by the New York legislature in June 2017, this legislation directs the New York Public Service Commission (PSC) to undertake two efforts: (1) institute a proceeding to establish the Energy Storage Deployment Program within 90 days; and (2) set a target by January 1, 2018, for the installation of qualified energy storage systems across the state by 2030.

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Please Join Us: Connecting the Dots: U.S. and International Issues and Regulatory Developments on Connected Cars/Autonomous Vehicles

An Access Partnership and K&L Gates Symposium

We invite you to join us in the K&L Gates Washington, D.C. office on Wednesday, December 6 for an in-person (only) breakfast symposium focused on the rapidly changing global regulatory landscape surrounding connected cars/autonomous vehicles.

Our experienced panelists are government and industry officials who will discuss upcoming national and international industry and regulatory developments regarding the autonomous vehicles industry, focusing on cybersecurity and privacy issues, and infrastructure-related concerns.

We are pleased to announce the following speakers and panelists. Please note that panels remain in formation.

Welcome
9:00 a.m.
Ryan Johnson, Senior Manager, International Public Policy, Access Partnership

Keynote Speaker: Nat Beuse, Associate Administrator for Vehicle Safety Research, National Highway Traffic Safety Administration (NHTSA).
9:05 a.m.
Nat is responsible for NHTSA’s vehicle safety research activities, which are focused on achieving the agency’s mission of reducing fatalities and injuries caused by motor vehicle crashes.

Keynote Speaker: Andrea Glorioso, Counsellor for the Digital Economy, Delegation of the European Union to the United States.
9:30 a.m.
Andrea acts as the liaison between the European Union and United States on policy, regulation, and research activities related to the Internet and information and communication technologies. He worked for eight years at the European Commission in Brussels on cybersecurity, personal data protection, cloud computing, and Internet governance. He was part of the teams that produced a number of key strategies of the European Commission, including the Action Plan on the Internet of Things and the Cloud Computing Strategy.

Panel Discussion: Infrastructure*
10:00 a.m.
Moderator: Stephen A. Martinko, Government Affairs Counselor, K&L Gates

David S. Kim, Vice President, Government Affairs, Hyundai Motor Company

Greg Rogers, Policy Analyst & Assistant Editor, Eno Transportation Weekly (ETW), Eno Center for Transportation

Jim Tymon, Chief Operating Officer/Director of Policy and Management, American Association of State Highway and Transportation Officials (AASHTO)

Panel Discussion: Cybersecurity & Privacy*
11:00 a.m.
Moderator, Bruce J. Heiman, Partner, K&L Gates

Robert E. Muhs, Vice President, Government Affairs, Corporate Compliance & Business Ethics, Avis Budget Group

Kiyoshi Nakazawa, Representative, Information Technology Promotion Agency (IPA) New York Director, Information Technology Department, Japan External Trade Organization (JETRO) New York Special Advisor to the Ministry of Economy, Trade and Industry (METI), Government of Japan

Al Sisto, Executive Chairman, Device Authority

*Panel in formation.
For more information, please visit our event page.

To RSVP, please click here.

United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?

By William M. Keyser, Laurie B. Purpuro, Cliff L. Rothenstein, Alyssa A. Moir, and Christina A. Elles

On June 1, President Trump declared that he would withdraw the United States from the Paris Climate Accord (the “Agreement”).  His announcement, though not unexpected, raises a host of questions on several legal, technical, and policy fronts.  And while the news and commentary on President Trump’s position continues to change, three fundamental questions are worth asking:

  1. How is the Agreement structured to handle withdrawal?
  2. What legal actions could potentially force the Trump administration to take actions to address climate change?
  3. What impact, if any, would a withdrawal have on U.S. state and private-side initiatives to address climate change?

We focus our analysis on these questions in this Legal Insight, which you can view on K&L Gates HUB.

Energy Department Seeks Input on Regulatory Reform

By Tim L. Peckinpaugh, David L. Wochner, David L. Benson and Kathleen L. Nicholas

On May 30, the Department of Energy (“DOE”) published a request for information (“RFI”) soliciting guidance on potential regulations that should be modified or repealed to reduce burdens and costs. This is part of a government-wide initiative to overhaul the federal government’s regulatory regime, set in motion with an executive order signed by President Trump just after his inauguration. This RFI also comes after President Trump signed an executive order, “Promoting Energy Independence and Economic Growth,” which seeks to review all regulatory actions that hamper the domestic production of fossil fuels and nuclear energy.

To read the full alert on K&L Gates HUB, click here.

CPUC Requires Additional 500 MW of Energy Storage from California IOUs

By Buck Endemann, William Holmes, Andrea Lucan

Under AB 2514, California’s landmark energy storage law passed in 2013, California’s three Investor-Owned Utilities (“IOUs”) (Southern California Edison (“SCE”), Pacific Gas & Electric (“PG&E”), and San Diego Gas & Electric (“SDG&E”)) are required to install 1,325 MW of energy storage by 2024.[1]  Recent California Public Utilities Commission (“CPUC”) decisionmaking under a later-passed energy storage law, however, has added an additional 500 MW to the IOUs’ procurement obligations. Read More

The Business of of Wind in the Northwest – Presented by The Seminar Group

How is big business putting wind to work? Why does it make financial sense? This event, presented by The Seminar Group, will explore answers to these questions and discuss the status of wind power development in the west, wind power siting, utility perspectives of renewables, Cal ISO expansion, and equity financial structures and tax considerations.

Portland partner Bill Holmes is serving as Program Chair for this progrm Thursday, May 4 at the World Trade Center in Portland, Oregon.

In addition, Seattle partner David Benson will serve as a faculty member for the program.

Bill will present on the Status of Wind Power Development in the West and David will speak on a panel covering Equity, Financial Structures and Tax Considerations.

To learn more about this event and register, click here.

Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change

By William J. Moltz, David J. Raphael, Sandra E. Safro, Ankur K. Tohan, Michael L. O’Neill                     

President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the Obama Administration’s actions to address greenhouse gas emissions and climate change.  The Order directs several federal agencies to review, and possibly withdraw, specific policy initiatives like the Environmental Protection Agency (“EPA”) Clean Power Plan rulemaking and the U.S. Department of the Interior (“Interior”) 2015 and 2016 rules on oil and gas production on federal lands.  In addition, the Order directs the U.S. Council on Environmental Quality (“CEQ”) to rescind its 2016 final guidance document regarding the consideration of greenhouse gas emissions and climate change impacts in environmental reviews performed under the National Environmental Policy Act (“NEPA”).  More broadly, the Order also directs all federal agencies to review “all agency actions” that “potentially burden the development or use of domestically produced energy resources.”

As discussed in greater detail below, the Order may have far-reaching implications for U.S. policy on energy production, greenhouse gas regulation, and climate change that could have spillover impacts for energy infrastructure development.  A vigorous debate is certain to follow with interested stakeholders evaluating strategic options including notice and comment rulemaking, litigation, and legislative advocacy.

To read the full alert on K&L Gates HUB, click here.

Oregon Lawmakers Consider Carbon Pricing Legislation

By Ankur K. Tohan, Alyssa A. Moir, Buck B. Endemann, Christina A. Elles

This is the second installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California.

On March 28, 2017 President Trump signed an executive order instructing the Environmental Protection Agency to withdraw and rewrite the Clean Power Plan, but lawmakers in Oregon are pushing ahead with statewide efforts to reduce greenhouse gas (“GHG”) emissions. Oregon lawmakers are currently considering several carbon pricing bills — including a cap-and-trade program, a carbon tax, a cap-and-fee program, and a GHG emission rule issued by the state’s environmental agency — that will add a pricing component to the state’s GHG goals.

To read the full alert on K&L Gates HUB, click here.

 

WUTC Proposes Changes to Planning Paradigms and IRP Models for Energy Storage Technologies

By Vanessa Pronovost, Eric Jay, Molly Suda, and William Holmes

The Washington State Utilities and Transportation Commission (the “WUTC”) has issued a Draft Report and Policy Statement on Treatment of Energy Storage Technologies in Integrated Resource Planning and Resource Acquisition (the “Draft Report”) in connection with two consolidated dockets, UE-151069 and U-161024 (the “Dockets”).  The Draft Report is intended to provide useful guidance regarding energy storage technologies to investor-owned utilities (“IOUs”), vendors seeking to promote energy storage for use by IOUs, and anyone interested in the use of energy storage on electric distribution systems.  The WUTC is seeking comments to the Draft Report by 5:00 pm on Monday, April 3, 2017 for the WUTC’s consideration in preparing its final policy statement on the Dockets.

Before issuing the Draft Report, the WUTC held two formal workshops and solicited two rounds of comments.  Commenters generally agreed that current integrated resource planning (“IRP”) models are inadequate for purposes of capturing the benefits of energy storage technologies.  The following is a summary of the WUTC’s conclusions and guidance with respect to investments in energy storage technologies.

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MassCEC Solicits Proposals for Innovative Energy Storage Uses Cases and Business Models

By William H. Holmes, Molly Suda, and Michael L. O’Neill

On March 9, 2017, the Massachusetts Clean Energy Center (MassCEC) issued a Request for Proposals for the “Advancing Clean Energy Storage” (ACES) Program.  MassCEC is offering up to $10 million in funding for energy storage demonstration projects that “pilot innovative, broadly replicable energy storage use cases/business models with multiple value streams in order to prime Massachusetts for increased commercialization and deployment of storage technologies.”  The organization expects to make 10-15 awards of between $100,000 and $1,250,000 each. Applications are due to MassCEC by 4 pm Eastern Time on June 9, 2017.

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