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FERC Eases Electric Storage and Distributed Energy Resource Aggregators Participation in Wholesale Markets

Late last week, the Federal Energy Regulatory Commission (FERC) released a proposed rule that, if adopted, would facilitate greater participation by electric storage resources (including batteries, flywheels, pumped-hydro,...more

The Transition of Commissioners and Leadership of the Federal Energy Regulatory Commission: What Happens Now?

One of the many burning post-election questions we must now consider in the energy industry is what will become of the Federal Energy Regulatory Commission, its commissioners and its future role in national energy policy...more

FERC Once Again Modifies Interconnection Policy to Level the Playing Field Among Electric Generators

For the second time in as many months, the Federal Energy Regulatory Commission (FERC) acted to eliminate undue discrimination between electric generators. Last month, FERC issued Order No. 827, which required non-synchronous...more

DC Circuit Joins 7th Circuit in Holding Mobile-Sierra Contract Protection Inapplicable to Transmission Owner Rights of First...

Several months ago, the 7th Circuit Court of Appeals upheld the Federal Energy Regulatory Commission's (FERC) order overriding contracts between the Midcontinent Independent System Operator (MISO) and incumbent utilities...more

New Wind Generators No Longer Exempt from FERC's Requirement to Provide Reactive Power

On June 16, 2016, FERC issued Order No. 827, which requires transmission-owning public utilities to revise their open access transmission tariffs to establish reactive power requirements for new interconnecting...more

FERC Proposes to Pierce the Corporate Veil and Impose $216 Million in Fines in Alleged Natural Gas Market Manipulation Scheme

On April 28, 2016, FERC issued an order directing Total Gas & Power North America, Inc. (Total Gas), two of its traders, its ultimate corporate parent, Total S.A. (Total) and an affiliate Total Gas & Power, LTD (TGPL) to show...more

Supreme Court Hands FERC Win on Authority Over Capacity Markets

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The...more

Seventh Circuit Upholds FERC's Authority to Abrogate Transmission Owner Rights of First Refusal

Does FERC have authority to override contracts between a regional transmission organization (RTO) and incumbent utilities giving the latter rights of first refusal (ROFR) to build new regional transmission facilities? It...more

FERC Applies "Seven Factor Test" to Exclude Local Distribution Facilities from NERC's Purview - Nearly 2,500 Miles of Southern...

On December 31, 2015, FERC issued an order addressing the merits of an application filed on April 16, 2015 by Southern California Edison (SCE) to establish that certain of its 115 kV facilities are classified and used in...more

FERC Stakes Out New Position on Return on Equity - Votes Out Major Orders Affecting Electric Utility Rate of Return...

The Federal Energy Regulatory Commission today issued a series of orders that collectively represent a significant change to its policy on utility rate of return on equity and will reshape the landscape for electric...more

FERC Announces Plan To Change Open Access And Priority Rights Governing Generator Lead Lines - Interconnection Only Transmission...

On May 15, the Federal Energy Regulatory Commission proposed to modify its policy concerning open access and priority rights to capacity for interconnection only transmission facilities. This proposal, if implemented, will...more

Energy Law Alert: FERC Directs NERC To Deregister South Louisiana Electric Cooperative As Distribution Provider And Load Serving...

On Thursday, the Federal Energy Regulatory Commission resolved a two-year-old dispute concerning whether South Louisiana Electric Cooperative was appropriately listed on the NERC Compliance Registry and therefore subject to...more

Energy Insight: New England - The Poster Child For Electricity And Natural Gas Issues

On May 16, the Federal Energy Regulatory Commission held a meeting in Washington, DC focused on coordination between the natural gas and electric generation industries. ...more

Energy Alert: FERC Hits Entergy Hard For Violations Of NERC Reliability Standards: Orders $975,000 Penalty

On March 28, 2013, the Federal Energy Regulatory Commission issued an Order Approving Stipulation and Consent Agreement between FERC's Office of Enforcement and Entergy Services, Inc. The Agreement settles an investigation...more

Energy Insight: Order No. 1000 Update—FERC’s Initial Compliance Orders

The utility and transmission industry received significant guidance today from the Federal Energy Regulatory Commission on the direction FERC intends to take in its implementation of Order No. 1000. Order No. 1000...more

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