Perkins Coie Explains Recent Federal Grid Resiliency Rulemaking Efforts

In an order issued Monday, January 8, 2018, the Federal Energy Regulatory Commission unanimously terminated the rulemaking proceeding it previously initiated in response to a directive issued last fall by U.S. Department of Energy Secretary Rick Perry. That “resilience directive” gave the Commission 60 days to halt the “premature retirements” of power plants that have 90 days of fuel on site. Instead of following the DOE directive, the Commission opened its own investigation of the resilience and reliability of the bulk power system (BPS). The Commission’s order rebuffed calls for short-term relief from operators of coal and nuclear plants, siding instead with numerous commentators who argued that allowing proposals in the DOE directive could radically transform energy markets and the utility industry.

Experts from Perkins Coie explain the proposed order, the Commission's response, and the future implications. Read the full update here