George (Chip) Cannon, Jr.

George (Chip) Cannon, Jr.

Akin Gump Strauss Hauer & Feld LLP

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The D.C. Circuit Remands FERC Order Denying Refunds for Changes to Cost Allocation

On December 5, 2014, the United States Court of Appeals for the D.C. Circuit remanded an order of the Federal Energy Regulatory Commission (FERC) denying refunds to certain Louisiana-based utility companies for rates that...more

12/19/2014 - Appeals FERC Private Utility Refunds Remand

5th Circuit Denies Louisiana Public Service Commission’s Petition for Review of FERC’s Entergy Bandwidth Implementation Orders

On November 14, 2014, the U.S. Court of Appeals for the 5th Circuit denied the Louisiana Public Service Commission’s (LPSC) petition for review of various Federal Energy Regulatory Commission (FERC) orders on the...more

12/2/2014 - Appeals Entergy FERC Interconnections Power Infrastructure Utilities Sector

D.C. Circuit Grants Motion to Stay Issuance in Order No. 745 Cases

As we previously reported, on May 23, 2014, the D.C. Circuit vacated FERC’s Demand Response Order No. 745, holding that the order (1) exceeded FERC’s jurisdiction, and (2) was arbitrary and capricious, particularly in its...more

10/28/2014 - Appeals Chevron Deference FERC Motion To Stay

FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more

10/20/2014 - Electricity FERC Return on Equity Transmission Grid Utilities Sector

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

9/15/2014 - Appeals Capacity Market Electric Generation Suppliers Electricity Energy Policy Federal Power Act FERC

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

9/15/2014 - Energy FERC Renewable Energy Utilities Sector Wind Power

DOE Issues Draft Triennial National Electric Transmission Congestion Study

On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more

8/22/2014 - DOE Energy Federal Power Act Transmission Grid Transmission Lines Utilities Sector

D.C. Circuit Upholds Order No. 1000, FERC’s Landmark Transmission Planning and Cost Allocation Rulemaking Order

On August 15, 2014, the United States Court of Appeals for the District of Columbia Circuit unanimously affirmed Order No. 1000, a landmark set of rules approved by the Federal Energy Regulatory Commission (FERC) in 2011 to...more

8/19/2014 - Cost Allocation FERC Transmission Planning Utilities Sector

FERC Accepts CAISO’s Proposed Generator Interconnection Process Enhancements To Facilitate Project Downsizing

On July 31, 2014, the Federal Energy Regulatory Commission (FERC) accepted amendments to the California Independent System Operator Corporation (CAISO) tariff designed to improve the efficiency and flexibility of the CAISO’s...more

8/8/2014 - CAISO Electricity Energy Projects FERC Interconnections New Amendments Renewable Energy Tariffs Utilities Sector

FERC Issues Notice of Alleged PJM Market Manipulation to Alan Chen and Powhatan Energy Fund, LLC

On August 5, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

8/7/2014 - Electricity Enforcement Enforcement Actions FERC Market Manipulation Utilities Sector

House Passes Three Bipartisan Cybersecurity Bills to Protect Critical Infrastructure

On July 28, 2014, the House of Representatives passed three bills aimed at enhancing the cybersecurity efforts of the Department of Homeland Security (DHS) in certain critical infrastructure sectors, including the energy...more

8/1/2014 - Critical Infrastructure Sectors Cybersecurity Data Protection NIST

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

7/11/2014 - Energy Enforcement Actions FERC Market Manipulation Natural Gas Oil & Gas

Déjà Vu, All Over Again: Seventh Circuit Again Remands PJM’s Cost Allocation Methodology for New, High-Voltage Transmission...

On June 25, 2014, the U.S. Court of Appeals for the Seventh Circuit, with Judge Richard A. Posner writing for himself and Judge John Daniel Tinder, granted petitions for review of Federal Energy Regulatory Commission (FERC)...more

6/30/2014 - Appeals Cost Allocation Energy Energy Market FERC PJM Transmission Grid Utilities Sector

FERC Issues Notice of Alleged MISO Market Manipulation

On June 12, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a formal, nonpublic...more

6/16/2014 - FERC Market Manipulation MISO

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

6/4/2014 - Capacity Market Conflicts of Laws FERC Interconnections Natural Gas Power Purchase Agreements Public Utilities Commission Utilities Sector

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

5/28/2014 - Compliance Federal Jurisdiction FERC PJM Right of FIrst Refusal SCE&G State and Local Government Transmission Planning

Senate Energy and Natural Resources Committee Holds Hearing on Grid Reliability and Security

Today, the U.S. Senate Committee on Energy and Natural Resources held a standing-room only hearing titled “Keeping the lights on — Are we doing enough to ensure the reliability and security of the U.S. electric grid?” While...more

4/11/2014 - Energy Energy Policy Power Grid Utilities Sector

Project Perspectives - Winter 2014 Edition

In this edition: - Oil and Gas Industry Discussion - The False Claims Act: The Government’s Sword in Cash Grant Audits - Is a 50 Percent Renewables Portfolio Standard in California’s Future? -...more

3/25/2014 - Clean Energy Energy Energy Policy Energy Tax Incentives False Claims Act Federal Grants Oil & Gas Renewable Energy Solar Energy State Taxes Utilities Sector

Facing Civil Penalty, Paper Mill Asks District Court to Find that FERC Lacks Jurisdiction Over Demand Response

After a long investigation dating back to 2008, the Federal Energy Regulatory Commission (Commission) concluded in 2013 that Lincoln Paper and Tissue, LLC (Lincoln), a Maine paper mill, had engaged in fraud through its...more

3/4/2014 - Energy FERC Jurisdiction Utilities Sector

Third Circuit Upholds FERC Orders on PJM’s Minimum Offer Price Rule

On February 20, 2014, the United States Court of Appeals for the Third Circuit denied several petitions for review challenging a series of 2011 orders from the Federal Energy Regulatory Commission (the Commission or FERC)....more

2/24/2014 - Anti-Competitive FERC MOPR PJM Supremacy Clause

FERC Responds to Senate Inquiry about Physical Grid Security

On February 11, 2014, Acting Chairman Cheryl A. LaFleur of the Federal Energy Regulatory Commission (FERC) responded to a letter from four members of the Senate, which asked if further regulatory measures were needed to...more

2/17/2014 - FERC Infrastructure Utilities Sector

Louis Dreyfus Unit Settles FERC Enforcement Action Regarding Alleged MISO FTR Market Manipulation

On February 7, 2014, the Federal Energy Regulatory Commission (FERC) approved a Stipulation and Consent Agreement between the Office of Enforcement (OE) and Louis Dreyfus Energy Services, L.P. (LDES) to resolve an...more

2/10/2014 - FERC Market Manipulation MISO

New York Association of Public Power Files Complaint to Reduce Niagara Mohawk Power Corporation’s ROE

On February 6, 2014, the New York Association of Public Power (NYAPP) filed a second complaint (Second Complaint) against Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) asking the Federal Energy Regulatory...more

2/10/2014 - Federal Power Act FERC Power Plants Utilities Sector

FERC Approves PJM’s Proposed Changes to Market Rules Governing the Participation of Demand Response Products in the Capacity...

On January 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving rule changes proposed by PJM Interconnection, L.L.C. (PJM) to the clearing of its capacity market, referred to as the Reliability...more

2/10/2014 - Capacity Market Energy FERC PJM Utilities Sector

Fourth Circuit Upholds FERC Transmission Incentives Order Despite Intervening Change in Policy

On January 24, the U.S. Court of Appeals for the Fourth Circuit upheld an order issued by the Federal Energy Regulatory Commission (FERC) in 2012 denying rehearing (Rehearing Order) of a 2008 order granting Virginia Electric...more

1/30/2014 - Electricity Energy Policy FERC Incentives Utilities Sector

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