Glenn Benson

Glenn Benson

Davis Wright Tremaine LLP

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Latest Publications


FERC Requires New England Generators to Reveal How Bids Formulated

On August 8, 2016, the Federal Energy Regulatory Commission (FERC) issued its order on remand from the D.C. Circuit on FERC’s approval of ISO New England’s (ISO-NE) 2013-14 winter reliability program, results, and rates....more

8/19/2016 - Bids Energy Sector FERC

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

4/22/2016 - Abusive Acts Damages Electricity Exclusive Jurisdiction Federal Power Act FERC Franchise Tax Bd of Cal v Hyatt Full Faith and Credit Hughes v Talen Energy Jurisdiction Preemption SCOTUS State Taxes Subsidies

FERC Issues NOI on Whether All Generation Resources Should be Required to Provide Frequency Response Service

On Feb. 18, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on possible rule changes addressing the provision of primary frequency response service and compensation for those providing...more

3/1/2016 - Comment Period Electricity Energy Sector FERC NERC Notice of Inquiry

DWT Energy Update

On January 25, 2016, the U.S. Supreme Court, in a 6-2 decision authored by Justice Kagan and supported by the Chief Justice, reversed the D.C. Circuit’s holding that the Federal Energy Regulatory Commission (FERC) intruded on...more

2/9/2016 - Demand Response Electricity Costs Energy Sector Federal Power Act FERC ISOs Reliability Standards SCOTUS Transmission Grid

FERC Expands Role of Demand Response Resources in Approving PJM’s New Capacity Market Framework

In a move likely to create more opportunities for demand response resources, FERC has conditionally approved substantial modifications to PJM’s capacity market framework, known as the Reliability Pricing Model (“RPM”). Many...more

6/26/2015 - Capacity Market Energy Sector FERC PJM Polar Vortex

FERC Provides Important Guidance Regarding Confidentiality Agreements and “Duty to Support” Clauses

Yesterday, I wrote a blog post describing a FERC order that, for the first time ever, would have allowed an interstate oil pipeline to grant preferential rates and capacity rights to shippers making volume commitments through...more

3/26/2014 - Confidentiality Agreements Energy FERC Oil & Gas Pipelines

FERC Rejects Preferential Rates and Capacity Rights for Committed Shippers on Pre-Existing Oil Pipeline Capacity

The Federal Energy Regulatory Commission (FERC) issued an order on March 20, 2014, rejecting Colonial Pipeline Company’s (Colonial) petition for a declaratory order (PDO) that, for the first time ever, would have allowed an...more

3/25/2014 - Energy FERC Oil & Gas Pipelines

7th Circuit Affirms Socializing Costs of Multi-Value Electric Transmission Projects

On June 7, 2013, the U.S. Court of Appeals for the 7th Circuit issued a decision in Illinois Commerce Commission, et al. v. Federal Energy Regulatory Commission, affirming Federal Energy Regulatory Commission (“FERC”) orders...more

6/27/2013 - FERC MISO Power Grid RTO Transmission Lines

BSEE and Coast Guard Sign Memorandum of Agreement for Regulating Mobile Offshore Drilling Units

On June 4, 2013, the U.S. Department of the Interior’s Bureau of Safety and Environmental Enforcement (“BSEE”) and the U.S. Coast Guard signed a Memorandum of Agreement regarding division of lead agency responsibilities...more

6/11/2013 - Bureau of Safety and Envirnonmental Enforcement Coast Guard Memorandum of Agreement Offshore Drilling

BLM Revises Proposed Rule on Hydraulic Fracturing

On May 16, 2013, the U.S. Department of the Interior’s Bureau of Land Management (“BLM”) issued a revised proposed rule regarding hydraulic fracturing on federal and Indian lands for oil and gas production....more

5/30/2013 - Bureau of Land Management Department of the Interior Fracking Oil & Gas Proposed Regulation Tribal Lands

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