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DOER Announces Public Hearings on RPS Class I & II Rulemaking

The Massachusetts Department of Energy Resources (DOER) has announced public hearings to receive verbal and written comments on proposed RPS Class I and II regulations.

Last month, DOER filed draft regulations to amend portions of 225 CMR 14--Renewable Energy Portfolio Standard – Class I (RPS Class I) and 225 CMR 15--Renewable Energy Portfolio Standard – Class II (RPS Class II). These regulations require all retail electricity suppliers selling electricity to end-use customers in the Commonwealth to obtain specific minimum percentages of their electricity supply from renewable energy generation sources. 

Included in these draft regulations is a proposal to delete the long-standing requirement that renewable “imports” be tracked and verified consistent with the NE-GIS rules. If implemented, the elimination of current delivery rules to make undocumented imports RPS eligible could facilitate a number of transactions that could seriously suppress the RPS market values. Those who depend on the Massachusetts or other New England REC markets may have serious concerns with respect to this proposal and may wish to comment, individually or on a coordinated basis.

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James M. Avery, energy and environmental lawyer, Pierce Atwood
Partner

James M. Avery represents a broad range of utilities, developers, aggregators, and other stakeholders before the Massachusetts Department of Public Utilities, the Massachusetts Energy Facilities Siting Board, and numerous other state utility commissions.

Jim’s clients include solar, wind, biomass, and other renewable energy firms; developers of natural gas-fired generation facilities; electric and natural gas utilities; wireless telecommunications carriers; and hospitals, government agencies, and industrial facilities.

Jim also represents clients in a variety of commercial...

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Andrew Kaplan Energy Attorney
Partner

Andrew Kaplan focuses his practice on providers of energy storage, demand response, ancillary services, and electricity and gas transmission and supply, both in the wholesale and retail markets. He regularly represents clients before the Federal Energy Regulatory Commission (FERC) and Independent System Operators/Regional Transmission Operators (NYISO, ISO-NE, PJM, Midcontinent ISO, California ISO, SPP and ERCOT), and many state public utility commissions. Andrew has won significant rulings before FERC that helped to pave the way for growth among leaders in the energy storage industry.

With more than 25 years of energy law experience, Andrew acts as a strategic advisor to companies seeking private equity, venture capital, and government loans, and provides legal and business guidance to help obtain key U.S. Department of Energy (DOE) loans, state grants, and incentive tax credits/production tax credits for renewable projects. He also helps facilitate the approval process for federal, state, and local permits, assuring compliance with state siting and grid interconnection requirements.

Andrew’s unique experience as both a private practice attorney and as general counsel and chief of staff with the Massachusetts Department of Telecommunications and Energy (now the Department of Public Utilities) provides significant value to his clients, by offering them a deep understanding of the regulatory process and how regulators are likely to rule on particular issues. Given this background, Andrew is often asked to advise regulatory commissions globally on issues pertaining to electric deregulation and the maintenance of power quality criteria. 

Professional Activities

  • Energy Storage Association
  • New England Conference of Public Utility Commissioners
  • National Association of Regulatory Commissioners; Committees on Law, Electricity and Natural Gas
  • Boston Bar Association Telecommunications and Energy Committee
  • American Bar Association Committee on Administrative Law
  • Vice Chair, City Year Legal Community Leadership Committee for City Year's annual Boston's Legal Community Breakfast
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Liam J. Paskvan, litigation lawyer, Pierce Atwood
Associate

Liam is an energy and energy infrastructure attorney focusing on both litigation and transactional matters. He represents solar farm developers and on- and offshore wind developers, electric and natural gas local distribution companies (LDCs), crude oil shippers, energy market financial traders, telecommunications providers, and others before state public utilities commissions throughout New England and the Federal Energy Regulatory Commission (FERC). He also represents clients in a variety of other settings, including in regional and state-sponsored requests for proposals (RFPs) for...

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