J. Porter Wiseman

J. Porter Wiseman

Akin Gump Strauss Hauer & Feld LLP

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FERC Adopts New Regulations Allowing Higher-Priced Energy Offers in Organized Electricity Markets

At its November Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule (Order No. 831) directing the Regional Transmission Organizations and Independent System Operators...more

11/22/2016 - Electricity Energy Market FERC Final Rules ISOs RTO Utilities Sector

Congress Revisits the History of the Federal Power Act to Consider its Future

On September 7, 2016, the House Committee on Energy and Commerce held a hearing titled “Federal Power Act: Historical Perspectives,” exploring the development and restructuring of the wholesale energy markets over the past...more

9/15/2016 - Congressional Investigations & Hearings Energy Market Energy Sector Federal Power Act FERC

Electric Cooperatives Seek FERC Determination on PURPA Preemption of Maryland’s Community Solar Program

On August 23, 2016, two Maryland electric cooperatives filed a Petition for Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to find that the Maryland Public Service Commission’s (MPSC) recently...more

9/8/2016 - Community Shared Solar Electric Cooperative Federal Power Act FERC Preemption Public Service Commissions PURPA Qualifying Facility

PJM Alternative to Expanding MOPR Leaves Questions Unanswered

On August 18, 2016, PJM Interconnection, L.L.C. (“PJM”) presented aproposal to its stakeholders outlining a possible mechanism for mitigating the potential impact on capacity prices in the PJM market of generation units...more

8/31/2016 - Capacity Market Energy Sector ISOs PJM RTO Utilities Sector

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more

6/30/2016 - Capacity Market Energy Market Energy Sector Federal Power Act FERC ISO-NE ISOs NYISO PJM Preemption RTO Utilities Sector

Passing of Senate’s Energy Bill Signals a Renewed Focus on Cybersecurity of Power Grid

As we previously reported, the Senate recently passed the Energy Policy Modernization Act (Act), which promotes renewable energy, improves the energy efficiency of buildings and directs investments towards the research and...more

5/12/2016 - Cybersecurity Energy Sector Federal Power Act NERC Power Grid

When Does “Anomalous” Become “Normal”? Another ROE Decision, Another Finding of Anomalous Market Conditions

On March 22, 2016, Federal Energy Regulatory Commission (FERC or the “Commission”) Administrative Law Judge (ALJ) Steven L. Sterner issued an Initial Decision in the second round of Complaint cases (“Complaints II and III”)...more

4/12/2016 - ALJ FERC ISOs Market Conditions Return on Equity

Supreme Court Vindicates FERC’s Demand Response Policy in 6-2 Vote

The Supreme Court’s decision in Federal Energy Regulatory Commission v. Electric Power Supply Association (FERC v. EPSA) will certainly cheer up Federal Energy Regulatory Commission (FERC) policymakers still digging out after...more

1/27/2016 - Administrative Authority Demand Response FERC v Electric Power Supply Association ISOs RTO SCOTUS

FERC Accepts Revisions to Cybersecurity Reliability Standards, Orders Further Revisions

On January 21, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 822, approving revisions to certain Critical Infrastructure Protection (CIP) standards developed (and primarily...more

1/26/2016 - Cybersecurity FERC NERC NOPR Reliability Standards

FERC Proposes Allowing Higher Priced Energy Offers in Organized Markets

On January 21, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to raise the price cap on incremental offers into the energy market. The NOPR is...more

1/25/2016 - Electric Generation Suppliers FERC ISOs NOPR RTO

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 New Legislation Oil & Gas Pipelines Power Infrastructure Trade Agreements

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

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

The D.C. Circuit Remands FERC Order Denying Refunds for Changes to Cost Allocation

On December 5, 2014, the United States Court of Appeals for the D.C. Circuit remanded an order of the Federal Energy Regulatory Commission (FERC) denying refunds to certain Louisiana-based utility companies for rates that...more

12/19/2014 - Appeals FERC Private Utility Refunds Remand

Second Circuit Denies Request to Stay NYISO’s New Capacity Zone

On June 4, 2014, the United States Court of Appeals for the 2nd Circuit (2nd Circuit) denied emergency stays of two Federal Energy Regulatory Commission (FERC) orders implementing a new capacity zone (NCZ) in New York (“NCZ...more

6/9/2014 - Appeals FERC Public Utilities Commission Stays Tariffs

D.C. Circuit Vacates FERC’s Controversial Demand Response Rule

On May 23, the United States Court of Appeals for the D.C. Circuit vacated in its entirety FERC’s controversial rule governing demand response resources in wholesale energy markets, known as “Order 745.”1 The majority...more

5/27/2014 - Energy Federal Power Act FERC Jurisdiction Utilities Sector

The Supreme Court Ok’s CSAPR, but Implementation Remains Stalled

The Clean Air Act of 1970 (CAA) requires that states be “Good Neighbors” and regulate their in-state sources of pollution so that those sources do not “contribute significantly” to pollution in other states downwind. ...more

5/7/2014 - Clean Air Act Cross-State Air Pollution EPA EPA v EME Homer City NAAQS SIP

Utilities and Regulators Contemplate The Potential Costs Of Enhanced Physical Security

The security of the electric grid, both cyber- and physical, recently has received much public attention due to publicity surrounding a sniper attack on a California substation (see our blog post on grid security here). But...more

2/24/2014 - Energy FERC NERC Utilities Sector

FERC Responds to Senate Inquiry about Physical Grid Security

On February 11, 2014, Acting Chairman Cheryl A. LaFleur of the Federal Energy Regulatory Commission (FERC) responded to a letter from four members of the Senate, which asked if further regulatory measures were needed to...more

2/17/2014 - FERC Infrastructure Utilities Sector

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

2/10/2014 - Federal Power Act FERC Power Plants Utilities Sector

Fourth Circuit Upholds FERC Transmission Incentives Order Despite Intervening Change in Policy

On January 24, the U.S. Court of Appeals for the Fourth Circuit upheld an order issued by the Federal Energy Regulatory Commission (FERC) in 2012 denying rehearing (Rehearing Order) of a 2008 order granting Virginia Electric...more

1/30/2014 - Electricity Energy Policy FERC Incentives Utilities Sector

FERC Issues Notice of Alleged Violations In Connection with 2011 Blackout

On January 22, 2014, the staff (Staff) of the Office of Enforcement of the Federal Energy Regulatory Commission (FERC of the Commission) issued a Staff Notice of Alleged Violations (Preliminary Notice) relating to a September...more

1/29/2014 - Electricity Enforcement FERC NERC Utilities Sector

FERC – CFTC Memoranda of Understanding, Finalized Three Years Late, Fail to Resolve Uncertainty Regarding FERC’s Enforcement...

Only three years late, the Federal Energy Regulatory Commission (“FERC”) and the Commodity Futures Trading Commission (CFTC) (jointly, the “Commissions”) have signed Memoranda of Understanding (MOUs) as directed by Section...more

1/7/2014 - Dodd-Frank Enforcement FERC Jurisdiction Memorandum of Understanding

A Simple Framework for Determining Whether Dodd-Frank Applies to Your Energy Trade

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”) authorizes the Commodity Futures Trading Commission (“CFTC”) to comprehensively regulate energy trading activities. Dodd-Frank is...more

1/3/2014 - CFTC Compliance Default Dodd-Frank Eligible Contract Participant Energy Major Swap Participants Position Limits Swap Dealers Swaps Transparency

FERC Requests that U.S. District Court Affirm Penalties for Market Manipulation

On October 1, 2013, we reported here that the Federal Energy Regulatory Commission (FERC) issued orders on August 29, 2013, assessing civil penalties against, and requiring disgorgement of profits by, Lincoln Paper and...more

12/6/2013 - Electricity Energy Federal Power Act FERC Fraud Utilities Sector

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