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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

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 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

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

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

FERC Requires All Generators To File Rate Schedules To Provide Reactive Power Service, Even if the Service Is Uncompensated

In a move that could have a significant impact on electric generators, the Federal Energy Regulatory Commission (FERC) recently clarified its policy with respect to the provision of reactive power service. The provision of...more

Federal Court Finds New Jersey’s Long-Term Capacity Pilot Project Unconstitutional

On October 11, 2013, the United States District Court for the District of New Jersey issued its decision in PPL Energyplus, LLC v. Hanna. This case follows a recent decision in which the U.S. District Court for the District...more

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