Pumped Storage Projects – How They Work and Are Regulated

This presentation will cover the fundamentals and regulatory aspects of pumped storage hydropower, a key utility-scale energy storage method that utilizes two water reservoirs at different elevations to generate and store energy. It will also discuss the historical development, the expected role in the energy transition, and the challenges of new projects, especially in water-scarce regions.

Credit(s)

1.2

CO Approval ID

849637

Original Program Date

July 19, 2024

Duration

62 minutes

Pumped storage hydropower dates back to 1890, and according to the 2021 edition of the Hydropower Market Report, accounts for 93% of all utility-scale energy storage in the U.S., and yet it is not widely understood. At its essence, it is a configuration of two water reservoirs at different elevations that generate power as water is discharged from one to the other. It acts as a battery because it can store energy and release it when needed. Pumped storage is not without controversy, however, particularly in the drought-stricken West, as many new projects rely on sources of water that are in demand. This presentation will provide an overview of how pumped storage works, the history and development of pumped storage projects, and how pumped storage projects are permitted and regulated. The panel will also discuss the role new pumped storage projects are expected to play in the energy transition mix and the challenges associated with developing new pumped storage projects.

Video presentation from the 70th Annual Natural Resources and Energy Law Institute.

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 849637

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

KEVIN BAKER is the Deputy General Counsel, Hydro, for rPlus Energies. Kevin is particularly skilled in regulatory and permitting matters. In this area he provides legal support and actively participates in agency and regulatory processes. Kevin was the lead attorney and critical to rPlus Energies’ successful and multifaceted filing of two pumped storage license applications with the FERC. Previously, for Antofagasta Minerals, Kevin was the Vice President, Legal Affairs for one of the nations’ largest and most controversial copper and nickel mining projects located in Minnesota. Kevin led the successful defense of the mine’s mineral rights by preventing an Antiquities Act designation, the termination of a withdrawal action from the U.S. Forest Service and reversing a Department of the Interior official opinion. Kevin was also the senior attorney for Rio Tinto’s energy group in the U.S. Later, he served as Rio Tinto’s business development attorney and was responsible for the creation and listing of Cloud Peak Energy on the NYSE. Kevin is an award-winning author and volunteers as a motivational speaker across the country. Kevin holds a B.S. in International Finance from Brigham Young University and an M.B.A. and J.D. from the University of Oregon.

JENNA MANDELL-RICE is a Partner at Van Ness Fedman LLP in Seattle, Washington, and the Co-Coordinator of the firm’s Land, Water and Natural Resources practice. Jenna counsels private and public clients on natural resources, environmental, and water-related permitting, with a particular focus on permitting renewable energy development (wind, solar and hydropower) and water infrastructure projects. She assists clients in developing comprehensive permitting strategies and counseling them through the regulatory process from project conception to construction. Jenna’s comprehensive water practice includes advising clients on authorizations for in-water work, water quality requirements, and water supply issues, including water rights. Jenna also assists renewable energy developers with federal permitting including FERC hydropower licensing and federal land-use authorizations for wind and solar projects. She has significant experience navigating endangered and special-status species issues and Federal and state environmental review. Jenna represents clients before federal and state regulatory agencies and has successfully represented clients in defending projects and permits in state and federal court.

PETER ORTEGO is the General Counsel of Ute Mountain Ute Justice Department. After working in Denver for six years practicing primarily criminal law, domestic relations, and juvenile law, Peter has been working in the Justice Department of the Ute Mountain Ute Tribe since April 2000, and has served as the Tribe’s General Counsel since January 2002. Among other things, Peter has drafted numerous laws, policies, and regulations for the Tribe, has assisted the Tribe in government relations and cultural protection, and has worked on resource development for the Tribe. Peter is not a Native American. Peter advises the Tribe in all legal matters, including energy development, and coordinates with Special Counsel as needed, such as with the Sweetwater Hydro-Electric Pump Back Storage project. The Tribe is transitioning from focusing primarily on oil and gas production to renewable energy production and currently has numerous contracts in place for solar development. Peter earned a B.A. in Philosophy from the University of California, and a J.D. from the University of Colorado, Boulder.