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Tacoma Click! Network Lawsuit Threatens to Restrict Authority of Publicly-Owned Utilities to Meet Community Needs

Washington Courts Get a Second Chance to Clarify Jumbled Doctrines Related to Municipal Utility Authority

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Oversupply Litigation Milestone: FERC Approves BPA Oversupply Management Protocol

At its monthly meeting last week, the Federal Energy Regulatory Commission (“FERC”) approved the Bonneville Power Administration’s “Oversupply Management Protocol,” marking a major litigation milestone in Bonneville’s controversial efforts to address those periods when the combined output of federal dams and wind generation in the Pacific Northwest exceeds electric demand in the region and in areas where power can be exported.

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Ninth Circuit Orders BPA To Reconsider Recovery of Improper Payments to DSIs

Last week, the U.S. Court of Appeals for the Ninth Circuit ordered the Bonneville Power Administration to reconsider whether it should seek recovery of improper payments made to certain Direct-Service Industrial (“DSI”) customers.

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Pot and Power: Power Planning Council Estimates Demand Growth and Conservation Potential

As Washington’s experiment in legalization of recreational marijuana use moves gradually toward full implementation, the consequences for Washington’s utilities are beginning to come into focus.

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U.S. Appeals Court Concludes FERC Lacks Authority to Fine Federal Entities for Reliability Violations

In a ruling that could have far-reaching implications for the electric reliability here in the Pacific Northwest, the U.S. Court of Appeals for the District of Columbia Circuit today found that the Federal Power Act does not authorize the Southwest Power Administration (“SWPA”) to pay fines for admitted violations of mandatory electric reliability standards.

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Regulating Emergency Generators: EPA Denies Rehearing of RICE Rule, Appeals Court is Next Stop

On August 15, the U.S. Environmental Protection Agency (“EPA”) issued a notice denying petitions for rehearing of its new rules governing air emissions from stationary Reciprocating Internal Combustion Engines (“RICE”).

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Milestone in Transmission Regulation: U.S. Court of Appeals Upholds Order No. 1000

On Friday, the U.S. Court of Appeals for the District of Columbia Circuit rejected a host of challenges to the Federal Energy Regulatory Commission’s (“FERC”) Order No. 1000, upholding the order in its entirety. As we’ve previously discussed, Order No. 1000 aims to create a level regulatory playing field for independent transmission developers, thus encouraging new sources of badly-needed investment in the nation’s transmission infrastructure.

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