02.12.07
Posted in New Developments - Policy, Regs & Laws at 10:14 am by member
WASHINGTON, DC - FEBRUARY 5, 2007- The Environmental Markets Association
(EMA), the Renewable Energy Resources Committee and Special Committee on
Energy and Environmental Finance of the American Bar Association Section
of Envrionment, Energy and Resources, and the American Council on
Renewable Energy (ACORE) announced the release of the long-anticipated
standard form contract for national trading of Renewable Energy
Certificates (RECs) also known as “green tags”. The Renewable Energy
Certificate Purchase and Sale Agreement can be found at http://www.environmentalmarkets.org/page.ww?section=RECs+Committee&name=RECs+Committee.
Individuals and companies can use renewable resources to improve the
environment by minimizing their own “carbon footprint.” Even if people
are far from the renewable resource, through this agreement, they can
acquire the renewable attributes of such energy no matter where they are
located in the national energy grid without incurring transmission
costs. Michael Eckhart, Chairman of ACORE, said, “This is an important
step in creating a national system for REC trading, which will be
essential to monetizing the environmental benefits of renewable energy
and building those values into the long-term financing of the projects.”
Active RECs markets maximize cost-effective resource allocation and
allow states to implement aggressive renewable portfolio standard
targets while minimizing increases in costs for electricity to consumers
and businesses. “This contract is intended as infrastructure, or a paved
road, to help buyers and sellers transact, foster market mechanisms to
promote renewable resource development and, perhaps most importantly,
stave off potential balkanization of US RECs markets. The contract is
technology neutral, usable in both the voluntary and compliance markets,
and legally robust regardless of American jurisdiction. This is release
1.0, and we look forward to monitoring legal and market developments to
keep the contract current” said Jeremy Weinstein, EMA’s lead
representative on the working group.
This document would not be complete without the combined efforts of
volunteers from 70 companies, NGOs, government agencies and law firms
active in renewable resource development and RECs markets. The working
group co-chairs Jeremy Weinstein, Christopher Berendt, Baird Brown,
Roger Feldman, Richard Saines and Michael Eckhart facilitated the two
year process.
FOR MORE INFORMATION CONTACT
Jeremy Weinstein, Working Group Co-Chair
Phone: (925) 943-3103
Fax: (925) 943-3105
E-Mail: jweinstein@prodigy.net
Website:http://www.environmentalmarkets.org
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Posted in Committee Business at 2:12 pm by member
Attendees: Mike Stosser (Chair), Monica Schwebs (Vice Chair), Bill Westerfield (Vice Chair), Gearold Knowles, Jeff Dennis, Todd Glass, Doug Law, Paul Belval, Jason Keyes, and Jeremy Weinstein
Plans for Wellinghoff Brownbag – Discussion led by Gearold and Jeff
- Hogan & Hartson have agreed to provide lunch; Darrell Blakeway has agreed to put together a list of background information that Lynn will place on the blog
- Gearold welcomes input on questions to put to the Commissioner; Lynn Fountain will compile the questions, place them on the Blog and forward to the program moderators; please send any questions to Gearold, Jeff or Lynn; we hope to use the Blog during the program to follow along
- We talked about our lack of email capability to register for our teleconferences; Mike will email Lorna to see about changing that; Monica volunteered to get this program on the ABA ACORE list-serv to publicize it; all were asked to publicize it far and wide
Report on Efforts to get Annual Meeting Renewables Program – Mike led the discussion
- Mike tried several ideas: financing renewables or greenhouse gas issues; he got nowhere. Subsequently, we reached consensus in a smaller group discussion to create another teleconference on greenhouse gas issues. Monica will spearhead the effort; please contact her if you have time to help
- Several names were discussed as speakers: Alan Clausen of Pew Center on Climate Change; Resources for the Future; industry representatives, e.g., Jeff Stuber from PNM; Bill will call Jeff Burkes at PNM to secure Stuber; Jeremy knows Jeff Kline at PNM as well
- Mike will reach out to chairs of Environment Committee and Legislation Committee; discussion on timing; Mike suggested holding it in early April; Gearold suggested May
Report on ABA/ACORE Master RECs Contract – Jeremy Weinstein led the discussion
- The goal of the 2 year effort was to promote markets, while being agnostic on all other topics; an important issue was how to provide flexibility of verification and validation, while being robust enough to allow people to tailor the contract to meet their particular needs; technology neutral
- Chris Berendt deserves lots of credit for structure; contract settles a long standing dispute between ERT and CRS re: whole RECs; the contract allows users to choose which path to use; both ERT and CRS have signed off on the approach
- The contract allows RECs to hook into carbon markets, but allows a way of doing straight deals without carbon aspects; it addresses choice of law problem
- Discussed ways to publicize it; Monica has asked Lynn to put it on the Blog; Monica mentioned the ABA Finance Committee brownbag in 6 weeks; Mike suggested that it be made a part of a scheduled Committee call; that was agreed to; Todd, Jeremy and Bill will organize it; plans made for Heller Ehrman to host it
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Posted in EBA/ABA Brown Bags & Events at 4:42 pm by admin
The Energy Bar Association Renewable Energy Committee Presents:
The Role of FERC as Renewable Energy Grows:
A Conversation with Commissioner Jon Wellinghoff
FERC policies have had an important impact on the development of the renewable energy industry, and will continue to be important as the renewable energy industry grows. Commissioner Wellinghoff will share his views regarding the role that FERC could play in the future of the renewable energy industry. Among the subjects that may be addressed are:
- Transmission access issues (Order No. 888 reform, scheduling, conditional firm service);
- Planning and expansion of transmission facilities (including cost allocation);
- Integration of energy from renewable resources into electricity markets;
- Facilitating distributed technologies (e.g. net metering, etc.); and
- The role of energy efficiency and demand response.
Lunch/Teleconference: On Wednesday, February 28, 2007 at the offices of Hogan & Hartson L.L.P., Columbia Square, 555 13th Street, NW, Washington, DC 20004 in the
Fulbright Conference Center - Entrance on 13W. Teleconference: 12:00 noon - 1:00 pm EST. Complimentary lunch courtesy of Hogan & Hartson: 1:00 pm to 1:30 pm EST.
Moderators:
Darrell Blakeway, Esq., Executive Director, Perennial Energy Consulting Inc.
Jeffery Dennis, Esq., Office of the Solicitor, Federal Energy Regulatory Commission
Gearold Knowles, Esq., Schiff Hardin LLP
Assistants: Monica Schwebs, Esq., Bingham McCutchen (Walnut Creek, CA); Lynn Fountain, Esq., Day Pitney LLP (Hartford, Conn.); and other members of the Energy Bar Association Renewable Energy Committee
Do you have questions for the Commissioner?: Please send your questions for Commissioner Wellinghoff to Lynn Fountain at lmfountain@daypitney.com no later than Monday, February 26.
Registration and Cost:
Reservations for on-site attendance will be accepted on a first come, first served basis. Please send an email to Marlo Brown at marlo@eba-net.org to reserve your place. There is no charge for in-person attendance.
For teleconference participation there is a $15 charge. Please complete the Registration Form and return to the EBA office. RESERVATIONS AND TELECONFERENCE REGISTRATIONS MUST BE RECEIVED BY NO LATER THAN FEBRUARY 23, 2007.
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02.23.07
Posted in EBA/ABA Brown Bags & Events at 6:01 pm by member
Commissioner Jon Wellinghoff was nominated by President Bush, and sworn into office on July 31, 2006, by U.S. Senator Harry Reid of Nevada, for a term expiring June 30, 2008.
Before coming to the Commission, Mr. Wellinghoff was a shareholder with a Nevada law firm. He has concentrated his practice in the fields of energy law and utility regulation for the past thirty years. In addition to representing clients before the Nevada Commission where his regulatory practice was primarily focused, he also has represented clients before the regulatory commissions of California, Colorado, New Mexico, Arizona (Corporation Commission), Washington (UTC), and the Federal Energy Regulatory Commission. He has testified as an expert witness on behalf of clients in utility regulatory matters in Nevada, Texas, and the District of Columbia, and was retained as a consultant to the staff of the Oregon Commission. He has also advised the staffs of the Missouri, Minnesota, New York, and Georgia Commissions.
Before joining the law firm of Beckley Singleton, Mr. Wellinghoff’s utility practice included several public sector positions. He was Administrative Assistant to the Honorable Evo Granata, Commissioner, Public Utilities Commission of Nevada, and participated in numerous natural gas and electric rate cases before the Nevada Commission with Commissioner Granata. Mr. Wellinghoff was then appointed by the Attorney General of Nevada to serve as the state’s first Consumer Advocate for Customers of Public Utilities. While Consumer Advocate, Mr. Wellinghoff represented Nevada’s utility consumers before the Nevada Commission, the FERC, and in appeals before the Nevada Supreme Court. He served two terms as Consumer Advocate, and personally participated in dozens of complex utility rate and regulatory matters on behalf of Nevada Consumers. While Consumer Advocate, Mr. Wellinghoff authored one of the first comprehensive state utility integrated planning statutes and successfully lobbied that statute through the Nevada legislature. The statute became a model for utility integrated planning processes across the country and companion statutes were eventually adopted in seventeen other states. The last public sector position that Mr. Wellinghoff held was as Staff Counsel to the Nevada Public Utilities Commission. In that position he was lead counsel in the merger proceeding between Nevada’s two largest utilities, Nevada Power and Sierra Pacific Power Company.
Mr. Wellinghoff has also served as a Staff Attorney for the Federal Trade Commission, Energy and Product Information Division, Washington, D.C., from 1978 to 1979. In 1978 he was a Staff Counsel for the United States Senate Commerce Committee, Consumer Subcommittee, in Washington, D.C. He was a Deputy District Attorney in the Consumer Fraud Division for Washoe County District Attorney’s Office in Reno, Nevada from 1976 to 1977.
Born: May 30, 1949.
Education: Antioch School of Law, Washington, D.C., JD, 1975; Howard University, Washington, D.C., M.A.T., Mathematics, 1972; and University of Nevada, Reno, Nevada, BS, Mathematics, 1971.
Profession: Lawyer.
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02.24.07
Posted in EBA/ABA Brown Bags & Events at 7:51 am by member
Commissoner Jon Wellinghoff:
Presentation on Demand Response: http://www.ferc.gov/EventCalendar/Files/20061010085200-WellinghoffDR061004Final.pdf
Transmission Access Issues: Commission adopts Order No. 890, a Final Rule to Reform its Landmark 1996 Open Access Rules, Order Nos. 888 & 889, February 15, 2007
1. Commission site on Open Access Transmission Tariff (OATT) reform (includes order, press release, and fact sheet): http://www.ferc.gov/industries/electric/indus-act/oatt-reform.asp
2. Statement by Commissioner Wellinghoff: http://www.ferc.gov/press-room/statements-speeches/wellinghoff/2007/02-15-07-wellinghoff-E-1.asp
Renewable Energy:
1. FERC chart on State RPS requirements: http://www.ferc.gov/market-oversight/mkt-electric/overview/2007/elec-ovr-rps.pdf
2. FERC orders on wind interconnection: http://www.ferc.gov/industries/electric/indus-act/gi/wind.asp
3. Wind chapter from 2004 State of the Markets Report: http://www.ferc.gov/market-oversight/st-mkt-ovr/som-rpt-2004.pdf (pp. 233-36)
4. PTC for incremental hydro: http://www.ferc.gov/industries/hydropower/gen-info/comp-admin/credit-cert.pdf
5. Tidal energy permitting: http://www.ferc.gov/industries/hydropower/indus-act/tidal-energy-permits.asp
6. New Rules for qualifying facilities: http://www.ferc.gov/industries/electric/gen-info/qual-fac.asp
Energy Efficiency & Demand Response:
1. Commission site on demand response and advanced metering: http://www.ferc.gov/industries/electric/indus-act/demand-response.asp
2. Staff report to Congress under EPAct 2005, Demand Response & Advanced Metering, August 2006: http://www.ferc.gov/legal/staff-reports/demand-response.pdf
3. NARUC-FERC Demand Response Collaborative:
4. Press release announcing collaborative and goals: http://www.ferc.gov/press-room/press-releases/2006/2006-4/11-02-06.asp
5. Collaborative documents: http://www.naruc.org/displaycommon.cfm?an=1&subarticlenbr=514
Non-FERC Websites:
1. DOE National Public Interest Electric Corridor Study: http://www.oe.energy.gov/epa_sec1221.htm
2. Transmission Corridor Study: http://www.nationalwind.org/events/transmission/midwest/2006/presentations/Meyer.pdf
3. “FERC Initiatives Supporting R renewable Energy,” presentation by Carol B. White, 10/26/05: http://www.eere.energy.gov/greenpower/conference/10gpmc05/white.pdf [Author’s note: this presentation is dated, particularly relative to “possible 888 reform” on page. Many of these issues were addressed by Order 890.]
4. Net metering: http://www.irecusa.org/connect/index.html
5. OATT reform: Conditional-firm transmission and redispatch: http://www.nationalwind.org/events/webinar/default.htm
6. “Database of State Incentives for Renewables & Efficiency” includes green power, net metering, and interconnection rules: http://www.dsireusa.org/
7. American Council for an Energy-Efficient Economy: http://www.aceee.org/
8. Regulatory Assistance Project, “Energy Efficiency Policy Toolkit,” January 2007: http://www.raponline.org/Pubs/Efficiency%20Policy%20Toolkit%201%2004%2007.pdf
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