George (Chip) Cannon, Jr.

George (Chip) Cannon, Jr.

Akin Gump Strauss Hauer & Feld LLP

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FERC Reaffirms and Clarifies Exemption for Certain Qualifying Facilities from Section 203 of the Federal Power Act

On November 19, 2015, the Federal Energy Regulatory Commission (FERC) reaffirmed and clarified the exemption for certain Qualifying Facilities (QFs) from Section 203 of the Federal Power Act (FPA) set forth in Section...more

11/30/2015 - Change in Control Change in Ownership Exemptions Federal Power Act FERC

FERC Likely to Look into PURPA Policies

Congress passed the Public Utility Regulatory Policies Act (PURPA) in 1978. It quickly proved controversial in practice, and remains so today. PURPA introduced competition to the electric industry by creating a market for...more

11/23/2015 - Competition Energy Sector FERC Power Infrastructure PURPA

FERC Officially Terminates Consideration of Quarterly Reporting Requirement for Gas Transactions

On November 17, 2015, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order officially terminating consideration of a three-year-old proposal to require quarterly reporting of every Natural Gas...more

11/18/2015 - FERC Natural Gas Act Notice of Inquiry Reporting Requirements Transparency

FERC Schedules Technical Conference on Proposed “Connected Entity” Regulations

On November 10, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) scheduled a technical conference regarding its Notice of Proposed Rulemaking (NOPR) on the collection of “Connected Entity” data from...more

11/17/2015 - FERC Market Participants NPRM Reporting Requirements Technical Conference

Congressional Republicans Ask FERC to Rethink PURPA

On November 6, 2015, the chairmen of several congressional energy committees and subcommittees sent a letter to the Federal Energy Regulatory Commission (FERC or “Commission”) requesting that FERC convene a technical...more

11/10/2015 - Electric Generation Suppliers Energy Sector FERC Legislative Agendas PURPA

FERC Issues Final Rule Streamlining Market-Based Rate Policies and Procedures

On October 16, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 816, a Final Rule streamlining its requirements for authorization to make wholesale sales of electric energy, capacity and ancillary...more

10/21/2015 - Electricity FERC Final Rules ISOs Market Based Approach RTO Telecommunications Utilities Sector

FERC Clarification Could Lead to Greater Use of Asset Management Agreements by Gas Producers

On October 15, 2015, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order clarifying the extent to which natural gas asset management agreements (AMAs) provide an exemption from the Commission’s...more

10/20/2015 - Exemptions FERC Management Agreements Market Participants Natural Gas Oil & Gas

California Legislature Boosts Renewables Portfolio Standard to 50 Percent and Increases Energy Efficiency Goals; Balks at...

Following a raucous debate fueled by intense lobbying by environmental organizations and the oil industry, the California Legislature has approved an ambitious plan by Gov. Jerry Brown (D) to boost targets for renewable...more

9/23/2015 - CAISO Energy & Climate Debates Energy Efficiency Energy Policy Greenhouse Gas Emissions ISOs New Legislation Oil & Gas Power Purchase Agreements Public Policy Renewable Energy Renewable Fuel Standard Solar Energy Transmission Lines Utilities Sector

FERC’s Office of Energy Projects Publishes Suggested Best Practices for Natural Gas Industry Stakeholder Outreach Programs

On July 28, 2015, following a marked increase in protests at Federal Energy Regulatory Commission (FERC) open meetings and outside FERC headquarters—which in one case to date resulted in the rescheduling of an open meeting to...more

9/9/2015 - Energy Sector FERC Natural Gas Oil & Gas Public Meetings

7th Circuit Affirms FERC Finding That Wind Generators Are Responsible for Corrected Costs

On August 19, 2015, the United States Court of Appeals for the 7th Circuit denied two wind generators’ (“Generators”) petitions for review of various Federal Energy Regulatory Commission (FERC) orders assigning the corrected...more

9/1/2015 - Energy Sector FERC Filed-Rate Doctrine Interconnections MISO Petition for Review Wind Power

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

8/18/2015 - ALJ Appeals BP CFTC Commodity Futures Contracts Enforcement Authority Exclusive Jurisdiction Federal Power Act FERC Market Manipulation Natural Gas Act Oil & Gas Pipelines Transacting Intrastate Business

House and Senate Introduce Bipartisan Energy Packages Addressing FERC’s Role

On July 22, 2015, the House Energy and Commerce Subcommittee on Energy and Power unanimously passed a diverse energy bill designed to expedite Federal Energy Regulatory Commission (FERC) natural gas pipeline reviews,...more

8/6/2015 - DOE Energy Policy Energy Sector FERC Free Trade Agreement New Legislation Oil & Gas Pipelines Power Infrastructure

FERC Approves Settlement for Pipeline Failure to Publicly Post Auction Notices

On July 30, 2015, two weeks after the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) to Columbia Gas Transmission LLC (“Columbia Gas”) for...more

8/5/2015 - Auction Energy Sector Federal Power Act FERC Natural Gas Act Notice Requirements Oil & Gas Pipelines Settlement

FERC Eliminates Annual Retail Purchaser List Filing Requirement

On July 16, 2015, the Federal Energy Regulatory Commission (FERC) eliminated the requirement for certain public utilities, including regional transmission organizations (RTOs), independent system operators (ISOs) and exempt...more

7/27/2015 - FERC Filing Requirements ISOs Public Utility RTO

Wind Power Trade Association Seeks Reforms to Generator Interconnection Process

On July 7, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice seeking comments on a petition for rulemaking filed by the American Wind Energy Association (AWEA). The petition asks FERC to implement reforms...more

7/15/2015 - Electric Generation Suppliers Electricity Energy Sector FERC Interconnections Petition for Rulemaking Trade Associations Wind Power

FERC to EPA: We Are Here to Help on CPP

On May 15, 2015, the five sitting Federal Energy Regulatory Commission (FERC) commissioners sent a joint letter to Janet G. McCabe, acting assistant administrator of the Environmental Protection Agency (EPA), regarding the...more

6/3/2015 - Clean Power Plan Energy Sector EPA FERC Greenhouse Gas Emissions Power Grid Power Plants

Senator Angus King Introduces the Free Market Energy Act of 2015 to Promote the Integration of Distributed Energy Resources

On May 6, 2015, Sen. Angus King (I-ME) released a discussion draft of the Free Market Energy Act of 2015 (the “Act”), a bill that would radically change the landscape for distributed energy resources (DERs) – small-scale...more

5/21/2015 - Discussion Draft Electricity Energy Sector Power Grid Proposed Legislation Renewable Energy Transmission Grid

FERC Revises Gas Nomination Regulations, Leaves Gas Day Unchanged

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 809, its Final Rule regarding the coordination of scheduling between interstate natural gas pipelines and electric public utilities.  FERC...more

5/6/2015 - Electricity Energy Sector FERC Final Rules Natural Gas Pipelines Public Utility

Supreme Court Rejects Pre-Emption Claim in State Antitrust Action

On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more

4/28/2015 - Antitrust Litigation FERC Natural Gas Act Oil & Gas Oil Prices ONEOK v Learjet Preemption Price-Fixing SCOTUS

Initial Challenge to Clean Power Plan Receives Rocky Reception

Several states and Murray Energy Corp. (“Murray Energy”), supported by numerous intervenors and amici, presented oral arguments today before the D.C. Circuit challenging the Environmental Protection Agency’s (EPA) proposed...more

4/17/2015 - Carbon Emissions Clean Power Plan Energy Sector EPA Oral Argument Power Plants

Congressman Ed Whitfield Proposes Means for States to Avoid Compliance with the EPA’s Clean Power Plan

On March 23, 2015, Congressman Ed Whitfield (R-KY), Chairman of the Energy and Power Subcommittee of the House Energy & Commerce Committee, released a discussion draft of the Ratepayer Protection Act of 2015 (the Act)....more

3/31/2015 - Clean Power Plan Discussion Draft EPA Legislative Committees Proposed Legislation

FERC Denies Rehearing of Opinion No. 531

On March 3, 2015, the Federal Energy Regulatory Commission (“FERC”) issued Opinion No. 531-B, an order denying rehearing of Opinion No. 531. Opinion No. 531 involved a challenge to the New England Transmission Owners’...more

3/19/2015 - FERC ISOs Petition For Rehearing

The D.C. Circuit Clarifies the Timing for Filing Petitions for Review of FERC Orders

At the end of January, the D.C. Circuit denied rehearing en banc in Smith Lake Improvement and Stakeholder Association v. FERC.  Smith Lake clarified when a party denied rehearing at the Federal Energy Regulatory Commission...more

2/19/2015 - En Banc Review FERC Filing Deadlines Petitions for Review

FERC Eases EQR Filing Burden by Eliminating E-Tag ID Requirement

On February 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order on Rehearing of its Order No. 768, in which FERC expanded its Electric Quarterly Report (EQR) filing requirements by, among other things,...more

2/18/2015 - Electricity Energy Sector FERC Filing Requirements Petition For Rehearing Utilities Sector

FERC Issues Order to Show Cause and Notice of Proposed Penalty for Alleged Market Manipulation in New England

On February 2, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order) directing Calgary-based Maxim Power Corporation and certain of its...more

2/10/2015 - Federal Power Act FERC Market Manipulation Oil & Gas

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