Week Ahead in Energy and Environment: Oct. 11, 2021

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NEW YORK (Reuters) – Here are some upcoming events of interest to the energy and environmental law community. Unless otherwise noted, all times are local, and court appearances are virtual due to the COVID-19 pandemic.

Tuesday, Oct. 12

The Federal Energy Regulatory Commission is scheduled to hold a technical conference on “Energy and Ancillary Services Markets.” The conference will discuss potential reforms to the markets whose services help grid operators contribute to the reliability of the grid. Ancillary services typically include frequency regulation and voltage control. Potential reforms could include their increased flexibility at the operational level.

-Tuesday is the deadline for the public to file comments concerning a proposed Department of Energy (DOE) rule interpreting the Energy Policy and Conservation Act (EPCA). The rule reverts to an interpretation of the statute that says that, for residential furnaces and commercial water heaters, “the technology used to supply heated air or hot water is not a performance-related ‘feature’ that provides a distinct consumer utility under EPCA.”

Thursday Oct. 14

10 a.m. – The Federal Energy Regulatory Commission is scheduled to hold a technical conference titled “Reassessment of the Electric Quarterly Report Requirements.”

Friday, Oct. 15

9:30 a.m. – TransCanada Power Marketing Ltd (TCPM) will urge the U.S. Court of Appeals for the D.C. Circuit to vacate an April 2020 order by the Federal Energy Regulatory Commission (FERC) that says bid results of an oil sale organized by regional grid operator ISO New England were just and reasonable under the Federal Power Act. Westborough, Massachusetts-based TCPM, which purchased oil as part of the sale, argues that its prices were unjust and unreasonable because they far exceeded the cost of oil. The sales were made as part of ISO-New England’s 2013-2014 Winter Reliability Program, which TCPM says in a brief required cost-based rather than market-based pricing.

The case is TransCanada Power Marketing Ltd v. FERC, U.S. Court of Appeals for the D.C. Circuit, No. 20-1289. For TransCanada Power Marketing Ltd: Mark Sundback of Sheppard Mullin Richter & Hampton. For FERC: Robert Solomon with FERC

Know of an event that could be included in Energy & Environmental Law? Contact Sebastien Malo at sebastien.malo@thomsonreuters.com

Sebastien Malo

Sebastien Malo reporters on environmental, climate and energy litigation. Reach him at sebastien.malo@thomsonreuters.com

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Michele Schroeder