Renewable energy cases ascend to prominence on US regulatory agendas

With the proliferation of state-level clean energy initiatives and passage of the Inflation Reduction Act, renewable-energy-related proceedings continue to dominate the regulatory agendas of utility commissions in the US.

Across the 54 jurisdictions followed by Regulatory Research Associates, 23 regulatory bodies have at least one case featuring renewable energy matters currently under review.

The attached report highlights these major renewable energy proceedings as well as a wide spectrum of other issue-specific and broad-based policy proceedings that are pending before state regulators according to RRA's recent review of significant non-rate case activity. The report tracks the latest developments in major non-rate cases by jurisdiction and provides a topical index spanning many regulatory topics, as depicted in the graphic below.

Highlights of pending renewable proceedings

In Arizona, a rulemaking docket regarding renewable energy remains open, as well as a resource planning docket for Tucson Electric Power Co. that includes renewables.

A proceeding related to advanced metering infrastructure and solar resources is pending in California. A separate proceeding regarding a proposed spinoff of Pacific Gas and Electric Co.'s non-nuclear assets, including renewable energy assets, is also pending before regulators in that state.

A grid modernization docket in Connecticut touches upon renewable energy matters.

In Delaware, a case involving renewable energy and associated credits is pending before regulators.

A grid modernization plan and rulemaking proceeding are pending in Washington, DC, as is a transportation electrification docket that touches on renewable energy matters. Regulators in the jurisdiction are also reviewing separate cases regarding climate goals and community renewable energy facilities.

In Florida, a proceeding is pending for Florida Power & Light Co. that involves renewable energy as it intersects with provisions of federal legislation.

A proceeding involving the development of renewable energy projects in Hawaii is being examined under an investigative docket pertaining to performance-based regulation for the state's large electric utilities.

A docket pertaining to Idaho Power Co.'s renewable energy portfolio is pending before Idaho regulators.

In Iowa, separate cases related to renewable energy projects for Interstate Power & Light Co. and MidAmerican Energy Co. are pending before state regulators.

A renewable portfolio standard docket mandating renewable energy resources is pending before the city council in New Orleans.

In Maine, a legislatively prescribed proceeding involving renewable energy is pending before state regulators.

A proceeding regarding pilot programs that include renewable energy is pending in Maryland. A separate proceeding being examined by regulators involves the state's renewable portfolio standard.

A docket pertaining to a voluntary customer program involving renewable energy is pending in Michigan. In addition, Michigan regulators are examining a case related to the potential impact of federal legislation on renewable energy. Another proceeding involving renewable energy reconciliation and compliance for Northern State Power - Wisconsin (NSP-W) is also pending in the state.

In Minnesota, two separate dockets pertaining to Northern States Power - Minnesota's (NSP-M's) renewable energy standard rider are pending before state regulators. A separate proceeding regarding federal legislation and renewable energy is also pending in Minnesota.

A proceeding in New Hampshire related to renewable portfolio standards and electric power procurement is pending before the state's regulatory body.

In New Jersey, a proceeding related to renewable energy and energy storage is being examined by regulators. A docket related to Atlantic City Electric Co.'s infrastructure investment program that touches on renewable energy issues is also pending. Another case related to federal legislation and renewable energy is also pending in the state.

Regulators in New York are examining a docket pertaining to resource adequacy and renewable energy. Four separate pending New York proceedings involve financial reporting, climate change risks and renewable energy. In another docket, regulators are reviewing distributed renewable energy resources.

In North Dakota, a docket is pending pertaining to a renewable energy project for NSP-M.

A proceeding is underway in Oregon regarding renewable energy and legislatively mandated emission reduction plans.

In Rhode Island, a proceeding related to renewable energy and distributed energy resources is pending.

A proceeding related to renewable energy assets and cost methodologies is pending in South Carolina. Two proceedings regarding electric resource planning and renewable energy are also pending before regulators in the state. In another pending proceeding, South Carolina regulators are examining renewable energy program applications filed by the state's large electric utilities.

In Virginia, a docket for Virginia Electric and Power Co. (VEPCO) pertaining to the impact of renewable energy credit purchases on a rider is pending before regulators. Another pending Virginia proceeding involves the state's involvement in the Regional Greenhouse Gas Initiative. A separate proceeding pending before state regulators involves renewable energy, legislation and renewable energy credits. In another pending case, VEPCO seeks approval of an integrated resource plan which includes renewable energy projects.

Three proceedings are pending in Wisconsin through which utilities are seeking regulatory approval to purchase or construct renewable energy facilities. A separate docket pending in the state involves a voluntary renewable energy program proposal for NSP-W's commercial and industrial customers. An additional docket pending before Wisconsin regulators involves NSP-W's compliance with the state's renewable energy portfolio standard.

Other regulatory issues

Major utility cases in progress — Pending significant non-rate case activity

Aside from renewable energy matters, other issues on state utility regulators' agendas include energy transition, electric resource adequacy, grid modernization and innovative ratemaking paradigms. Further information regarding these proceedings is contained in the instant report. The information presented in the report is based on research performed by RRA, as well as surveys conducted by RRA with large electric and gas investor-owned utilities and public utility commissions regarding state and local proceedings pertaining to generic and utility-specific matters. This report also details certain major cases that are pending before the Federal Energy Regulatory Commission.

In addition to the aforementioned proceedings, regulators continue to be faced with a wave of rate case activity, the volume of which remains at historical highs. For information regarding rate case proceedings that were pending as of June 7, see RRA's June 14 companion report "Major energy utility cases in progress in the US — Quarterly update on pending rate cases."

^{Regulatory Research Associates is a group within S&P Global Commodity Insights.
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