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Energy & Climate Counsel

Your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to you, from federal and state policy and judicial decisions to business trends and financing news.

U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs
Blog March 06, 2024
U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs
As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy has funded the release of a set of energy distribution cybersecurity baselines for entities participating in the nationwide grid transition…
DOE Releases Draft Study Calling for More Interregional Transmission
Blog March 09, 2023
DOE Releases Draft Study Calling for More Interregional Transmission
On February 24, 2023, the U.S. Department of Energy (DOE) released for public comment a draft of its National Transmission Needs Study (“Needs Study”), which endorses boosting overall transmission capacity—and transmission between grid regions in particular. The final Needs Study, expected this summer, could have significant implications for federal transmission planning and permitting, including by informing the potential designation of National Interest Electric Transmission Corridors…
Biden Announces New Initiative on “Game-Changing” Technologies for Achieving Net-Zero Emissions
Blog November 04, 2022
Biden Announces New Initiative on “Game-Changing” Technologies for Achieving Net-Zero Emissions
On November 4, 2022, the White House announced a new initiative to support research and development projects on 37 “game-changing” technologies to advance the Biden Administration's goal of net-zero emissions by 2050. Led by an interagency working group, the “Net-Zero Game Changers Initiative” will direct billions of dollars under the bipartisan infrastructure law, the CHIPS and Science Act…
Massachusetts Department of Public Utilities Investigates Advanced Metering and Time-Varying Rates for Customers with Electric Vehicles
Blog July 21, 2020
Massachusetts Department of Public Utilities Investigates Advanced Metering and Time-Varying Rates for Customers with Electric Vehicles
On July 2, 2020, the Massachusetts Department of Public Utilities launched an “Investigation into the Modernization of the Electric Grid – Phase Two.”  In this investigation, the DPU will look again at deploying advanced metering capabilities in Massachusetts, this time with a specific focus on customers with electric vehicle charging (including site hosts). There is history here.  Some readers will recall the previous phase of “Grid Mod,” which began in 2012…
Experts Anticipate Iran's Next Move Will Include Cyberattacks on U.S. Energy Infrastructure
Blog January 14, 2020
Experts Anticipate Iran's Next Move Will Include Cyberattacks on U.S. Energy Infrastructure
Security experts nationwide warn that the United States should expect serious cyberattacks from Iran in the next few months. The anticipated attacks, retaliation for United States' killing of Major General Qasem Soleimani, are likely to include as targets oil refineries and other energy infrastructure.  The specific targets, and whether the attacks will be state-sponsored and strategic or carried out by individuals or smaller groups…
Massachusetts DPU Opens Docket on DG Interconnection
Blog June 10, 2019
Massachusetts DPU Opens Docket on DG Interconnection
On May 22, 2019, the Massachusetts Department of Public Utilities (DPU) opened a new docket (D.P.U. 19-55) to investigate the interconnection of distributed generation (DG) in Massachusetts.  (And yes, the DPU intends to include energy storage interconnection in this docket despite defining DG as technologies that generate electricity.) While complaints about costs, delays, and increased volume of interconnection applications have been growing…
Sunrun's Capacity Supply Obligation in ISO-NE Forward Capacity Auction Signals the Beginning of a New Era for the New England Grid
Blog March 01, 2019
Sunrun's Capacity Supply Obligation in ISO-NE Forward Capacity Auction Signals the Beginning of a New Era for the New England Grid
Our client, Sunrun, the nation's leading home solar, battery storage and energy services company, won an historic bid to deliver home solar and batteries as a capacity resource in ISO-NE's recent Forward Capacity Auction (“FCA”), for the capacity commitment period June 1, 2022- May 31, 2023.  Sunrun's participation in New England's capacity market is the first time in the country that home solar and battery storage has directly participated alongside traditional generation resources in a…
EFSB Asks for Comments on Energy Storage
Blog February 08, 2019
EFSB Asks for Comments on Energy Storage
On February 7, 2019, the Energy Facilities Siting Board (EFSB) issued a notice and request for comments in EFSB 19-01, the docket we previously noted, in which the petitioner seeks a determination that its energy storage system is not within the EFSBs jurisdiction. Comments are due by February 20, 2019. The EFSB identified five topics on which it is particularly interested in receiving information…
Massachusetts DPU Issues Decisions on Energy Storage and Capacity Rights
Blog February 07, 2019
Massachusetts DPU Issues Decisions on Energy Storage and Capacity Rights
On February 1, 2019, the Massachusetts Department of Public Utilities issued two long-awaited orders in docket D.P.U. 17-146. The orders address a number of issues related to pairing energy storage systems (“ESS”) with net metering facilities and the rights to the capacity associated with net metering and SMART facilities. There are too many issues in these orders to address each fully here, but below are some high-level highlights…
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Foley Hoag’s Energy & Climate Counsel blog aims to be your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to our readers, from federal and state policy and judicial decisions to business trends and financing news.

Our authors, comprised of attorneys from the firm’s Energy & Climate practice, have been active in the energy and climate space for decades, counseling clients across the spectrum – from new, innovative technology companies to large utility-scale power projects. Recognizing early on the common concerns of the renewable and traditional energy fields, we established one of the first integrated practices to serve all segments of the energy and clean technology sectors. We believe this tight integration provides us with the insight to analyze the pressing issues, trends and opportunities that those in this industry have come to expect.

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