J. Daniel Skees

J. Daniel Skees

Morgan Lewis

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Latest Posts › Electricity


Federal Court Grants Full Civil Trial to FERC Enforcement Target

The decision will likely affect the strategies of enforcement targets in electric market manipulation cases. For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more

7/29/2016 - Administrative Proceedings Agency Deference ALJ Civil Monetary Penalty De Novo Standard of Review Discovery Due Process Electricity Energy Market Energy Sector Enforcement Actions Federal Power Act Federal Rules of Civil Procedure FERC Market Manipulation Order to Show Cause

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

5/25/2016 - Electricity Energy Sector Federal Power Act FERC Final Rules Hold Harmless Mergers Private Utility Section 203 Utility Rates

FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers

The policy would impose greater scrutiny and controls on “transaction-related” costs that utilities commit not to pass through to ratepayers and would open the door to cost recovery for acquisitions driven by utility need....more

2/2/2015 - Electricity FERC Hold Harmless Transmission Planning Utilities Sector

Federal Agencies Cannot Be Fined for Reliability Standard Violations

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more

9/3/2014 - Electricity Federal Power Act FERC Government Entities NERC Reliability Standards Sovereign Immunity

FERC Proposes to Approve NERC Physical Security Standard

In proposing to approve NERC’s new Physical Security Reliability Standard, FERC also seeks the ability to identify facilities that must be protected....more

7/22/2014 - Electricity FERC NERC Qualified Energy Facilities Security Transmission Grid Transmission Lines

NERC Fines Generator for Violations Related to Lead Line Operations

Filing reminds generators with significant high-voltage tie lines that they can be subject to Reliability Standards typically applied to transmission owners and transmission operators. ...more

7/8/2013 - Electricity Energy Fines NERC Penalties Policy Violations Power Plants Regulatory Standards Settlement Transmission Lines

FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards

Major revisions to the existing cybersecurity requirements for electric utilities will focus on greater protections for the most critical assets but will also ensure that all assets receive some level of protection....more

4/23/2013 - CISPA Cybersecurity Electricity FERC NERC NIST NOPR Power Grid

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