State/Federal Jurisdiction: Who’s on First?

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Presentation transcript:

State/Federal Jurisdiction: Who’s on First? 2018 Mid-Year Energy Forum State/Federal Jurisdiction: Who’s on First? Presented by: Colette D. Honorable October 30, 2018

A Look Down Memory Lane The Last Ten Years of “Cooperative Federalism” Engagement by State/Federal Regulators/Stakeholders Increased Focus on Resilience- FPA Gas-Electric Coordination- FPA/NGA Clean Power Plan- CAA Pipeline Safety Regulation- 49 USC §60102 et seq. Transmission Line Siting- EPAct of 2005 EE/Distributed Generation/Demand Response- FPA 2018 Mid-Year Energy Forum 10/30/2018

The Current State of Play More Recent Look at State/Federal Relations Active Engagement by State/Federal Regulators/Stakeholders Natural Gas Storage Issues (e.g., Aliso Canyon) Heightened Focus on Reliability and Resilience Greater Coordination at all Levels NERC ESCC Severe Weather, Cyber and Physical Attacks PURPA Issues Transmission Planning/Cost Allocation- Order 1000 2018 Mid-Year Energy Forum 10/30/2018

Heightened Alert Most Challenging Areas of State/Federal Tension Hyper Engagement by State/Federal Regulators/Stakeholders Interstate Natural Gas Pipeline Siting Challenging year in navigating NGA and State 401 authority Court clarification on environmental issues Operation of Wholesale Capacity Markets and Intersection with the Development of State Policy Challenging year in capacity markets for certain sources Increased State Policy Initiatives/Engagement DOE Grid Resilience NOPR FERC Resilience and Reliability Proceeding (AD 18-7-000) 2018 Mid-Year Energy Forum 10/30/2018

Reed Smith Colette D. Honorable Partner Washington, DC (202) 414-9444 direct chonorable@reedsmith.com 2018 Mid-Year Energy Forum 10/30/2018

Reed Smith 2018 Mid-Year Energy Forum 2/17/2019