The Oregon Energy Facility Siting Council (EFSC) oversees the siting of large-scale energy facilities like wind and solar power projects, which often include an associated Battery Energy Storage System (BESS). BESS is a critical tool in the decarbonization toolbox, offering backup power when it’s needed and addressing intermittency and other grid limitation problems. Though many approved hybrid solar and wind projects to date have included BESS, the permitting landscape for standalone BESS projects in Oregon has been disparate, largely county-specific and dependent on local land use codes. And ..read more

Summary On March 29, 2024, the California Independent System Operator (CAISO) released the Track 2 final proposal for its Interconnection Process Enhancements (IPE) initiative. The proposed changes in the IPE proposal aim to address the “unprecedented and unsustainable interconnection request volumes” in the CAISO.  CAISO proposes to adopt a zonal approach that prioritizes project interconnection in areas with existing or planned transmission capacity, to cap the number of projects permitted to proceed into the study process at 150% of the available and planned transmission capacity in sp ..read more

The Oregon Energy Facility Siting Council (EFSC or the Council), which oversees the siting of large-scale energy facilities including wind and solar power projects, voted late last month to initiate rulemaking to clarify aspects of its contested case procedures.  A contested case hearing is a culminating step in the EFSC site certification process, a public, contested case hearing administered by a hearings officer.  The hearing generally resembles an administrative trial—evidence is presented, rebutted through cross-examination, and participating parties, including typically the pro ..read more

Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a final rule amending its regulations authorizing permits for eagle incidental take and eagle nest take.  The final rule comes roughly a year and four months after the Service issued its proposed rule (discussed here) and includes most of the changes from the proposed rule.  Most notably, the Service has authorized general permits for certain activities where standard conditions can be met. In addition to the new general permit framework, the Service has adopted a number of other changes ..read more

At its January 26, 2024 meeting, the Oregon Energy Facility Siting Council (EFSC) approved an ambitious rulemaking schedule for 2024 that will include consideration of changes to a wide range of EFSC rules.  Detailed information regarding EFSC’s rulemaking projects can be found on EFSC’s website.  Notable 2024 rulemaking projects will include potential changes to EFSC’s contested case and site certificate amendment rules, EFSC’s financial assurance and organizational expertise standards, and (on behalf of the Oregon Department of Environmental Quality (DEQ)) changes to noise rules as ..read more

On November 16, the California Public Utilities Commission (Commission) voted to adopt a decision resolving the remaining issues in the Net Energy Metering (NEM) proceeding.  The decision, issued on November 22 as D.23-11-068, applies the net billing tariff concept adopted in D.22-12-56 to virtual net metering customers (VNEM) and aggregated NEM customers (NEMA), which groups generally include multi-family residences, agricultural customers, and other larger facilities such as schools.  The Commission adopted these successor tariffs to recalibrate a perceived cost shift from NEM cust ..read more

On June 23, 2023, the Oregon Legislature passed House Bill (HB) 3179, which changes the definition of energy facilities subject to mandatory Oregon Energy Facility Siting Council (EFSC) jurisdiction.  Signed by Oregon’s Governor on July 18, 2023, HB 3179 will go into effect January 1, 2024.  HB 3179 will provide more flexibility for certain solar facilities by allowing developers to either opt in to EFSC review or proceed with local land use permitting.  These changes go beyond the expanded opportunities for county permitting that the Oregon Legislature approved in House Bill 23 ..read more

On October 13, 2023, the United States Department of Energy (“DOE”) announced seven proposals from around the country selected to enter negotiations to receive funding under the DOE’s Regional Clean Hydrogen Hubs (“H2Hubs”) program. Projects located in California, Minnesota, North Dakota, South Dakota, Washington, Oregon, Montana, Texas, West Virginia, Ohio, Pennsylvania, Delaware, and New Jersey are included in the seven hydrogen hub proposals selected to enter negotiations to receive H2Hubs funding. In total, the seven projects covering these states are eligible to receive a share of up to ..read more

During its May 18 voting meeting, the California Public Utilities Commission (Commission) voted to open a new rulemaking proceeding that will consider improvements to its permitting procedures for electric infrastructure projects that fall under its jurisdiction.  The Commission’s action is driven by increased legislative and policy interest in reducing barriers to energy infrastructure development to meet the state’s increasing renewable energy and electrification goals, while also ensuring grid reliability.   Under the Commission’s General Order 131-D, public utilities are pro ..read more

The California Public Utilities Commission (CPUC or Commission) is weighing party comments on implementation of Assembly Bill (AB) 2143.  Enacted last year, AB 2143 will take effect on January 1, 2024.  This bill extends existing prevailing wage requirements for public works to the construction of any renewable electrical generation facility, and any associated battery storage, after December 31, 2023, if that project interconnects under the net energy metering (NEM) tariffs or net billing tariffs (NBTs).  The bill includes exceptions for:  (1) a residential facility that w ..read more