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Proposed Bill Would Require State Public Utility Regulatory Authorities to Consider the Cost of Distributed Generation

On March 13, Sen. Jeff Flake (R-AZ) introduced the Ratepayer Fairness Act (RFA). The RFA would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) to require that state public utility regulatory authorities and...more

Renewable Energy Investor Group Asks FERC to Designate Certain Passive Equity Interests in Public Utilities as “Non-Voting...

On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more

FERC Dismisses Electric Cooperatives’ Maryland Community Solar Program PURPA Case as Premature

On November 15, 2016, the Federal Energy Regulatory Commission (FERC) issued an order dismissing a petition for declaratory filed by two Maryland electric cooperatives requesting a FERC finding that regulations governing...more

2016 Postelection Regulatory Report

The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency, many uncertainties...more

FERC Seeks Comment On Potential Modifications To Its Market Power Analyses

On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market...more

FERC Revises Market Surveillance Data Collection Proposal and MBR Filing Proposal

On July 21, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to (1) collect a wide range of “connected entity” data for market surveillance and...more

FERC Opens Electric Cooperative and Municipality Markets to Increased Renewables Development

On June 16, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order that is anticipated to increase the ability of electric cooperatives and municipally owned utilities to purchase power from...more

CFTC Proposal to Open FERC-Regulated Power Markets to Private Lawsuits Could Have Profound Implications for all Organized...

On May 10, 2016, the Commodity Futures Trading Commission (CFTC) proposed to amend a 2013 order (the “RTO-ISO Order”) to allow for private lawsuits to be brought in connection with conduct in organized wholesale electricity...more

Supreme Court Invalidates Maryland Power Plant Subsidy Program and Reaffirms FERC’s Exclusive Authority Over Wholesale Capacity...

On April 19, 2016, for the second time in three months, the Supreme Court of the United States reaffirmed the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over the formation of wholesale rates in...more

FERC Staff Seeks Information from RTOs/ISOs on Energy Storage Participation in Wholesale Markets

On April 11, 2016, the Federal Energy Regulatory Commission’s (FERC) Office of Energy Policy and Innovation (OEPI) sent identical data requests to each of the nation’s six grid operators, requesting information on potential...more

4/25/2016  /  Energy Sector , FERC , Grid Energy Storage , ISOs , RTO

Massachusetts Case First Criminal Prosecution for Violating FERC’s Anti-Manipulation Rule

On March 30, 2016, the United States Attorney’s Office for the District of Massachusetts (“USAO”) filed an Information charging Power Plant Management Services LLC (“PPMS”) with felonies of conspiring to violate and violating...more

5th Circuit Finds District Court Can Defer to FERC in PURPA Case . . . but not Indefinitely

On January 4, 2016, the U.S. Court of Appeals for the 5th Circuit issued a decision vacating a U.S. District Court for the Middle District of Louisiana order indefinitely staying a Public Utility Regulatory Policies Act of...more

FERC Proposes Revisions to Upstream Ownership Information Requirements for Market-Based Rate Filings

On December 17, 2015, just two months after significantly refining its market-based rate (MBR) policies and procedures in Order No. 816, the Federal Energy Regulatory Commission (FERC) proposed further revisions to its MBR...more

FERC Proposes $2.4 Million Civil Penalty for CAISO Power Trading Activities

On December 16, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty (OSC) directing ETRACOM LLC and its principal member and trader, Michael...more

FERC Oversight Hearing Focuses on Clean Power Plan and Natural Gas Permitting Issues

On December 1, 2015, the House of Representatives Subcommittee on Energy and Power held a hearing to conduct oversight of the Federal Energy Regulatory Commission (FERC). The hearing focused on FERC’s role in ensuring...more

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

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

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

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

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

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

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

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

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

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

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