Russell Kooistra

Oct 15, 2024 | jdsupra.com | Russell Kooistra

[co-author: Ben Duwve]On September 19, 2024, FERC approved Southwest Power Pool, Inc.’s (“SPP”) proposed tariff revisions allowing make-whole payments for incremental energy costs for offers affected by the incremental energy offer cost caps required by FERC’s Order No. 831.

Jul 3, 2024 | lexology.com | Russell Kooistra

On June 28, 2024, the United States Supreme Court (“Supreme Court”) overruled its prior decision in Chevron U.S.A. v. Natural Resources Defense Council (“Chevron”) in a 6-3 vote in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al. (“Loper Bright”). The Chevron doctrine has required federal courts to defer to administrative agencies’ interpretations of statutes the agency administers when the underlying statute is ambiguous.

Oct 16, 2023 | jdsupra.com | Russell Kooistra

Aug 1, 2023 | jdsupra.com | Daniel Archuleta |Russell Kooistra |Mindy McGrath

The utility industry is rapidly adopting biomethane, also known as renewable natural gas or “RNG,” to supplement traditional natural gas as a fuel source for both electric generation and heating purposes. Previously, RNG project developers were predominantly focused on the unregulated space due to RNG’s high production costs and the regulatory requirements utilities otherwise faced in incorporating RNG into their existing, regulated systems. But times are changing.

Jul 27, 2023 | jdsupra.com | Russell Kooistra

[co-authors: Ben Duwve, CeCe Coffey]On July 3, 2023, FERC affirmed its earlier determination that Bluescape Energy Partners, LLC’s (“Bluescape”) appointment of a non-independent director to Evergy Inc.’s (“Evergy”) Board of Directors overcomes the rebuttable presumption of a lack of control under FERC’s regulations that normally applies when a company owns less than 10 percent of another company’s equity (see October 27, 2022 edition of the WER).