James Mitchell

James Mitchell

Davis Wright Tremaine LLP

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Latest Publications


FERC Modifies Filing Requirements for Market-Based Rate Sellers and Clarifies Gen-Tie Priority Rights Rules

At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC" or “Commission”) issued three orders pertaining to its market-based rate regulations. In Order No. 816, the Commission adopted proposals to update...more

10/30/2015 - Compliance Energy Market Energy Sector Energy Trading FERC Filing Requirements Market Based Approach TAPS Tariffs

FERC Proposes Tighter “Hold-Harmless” Commitment Standards for Utility Mergers

The Federal Energy Regulatory Commission (FERC) is proposing to revise its standards for determining whether proposed utility mergers and other asset transfer transactions subject to its jurisdiction under Section 203 of the...more

1/29/2015 - Asset Transfer Contract Negotiations Electricity Federal Power Act FERC Hold Harmless Merger Agreements Regulatory Standards Utilities Sector

FERC Orders New York ISO To Refund Over-Charges Resulting From Hurricane Sandy

The Federal Energy Regulatory Commission has ordered the New York Independent System Operator, Inc. to reopen and resettle billings for electricity it supplied during the November/December 2012 billing periods, and to refund...more

12/23/2014 - Electricity FERC Hurricane Sandy ISOs

FERC Announces Technical Conferences Focused on Clean Power Plan

The Federal Energy Regulatory Commission has announced plans to hold a series of technical conferences around the country to discuss the impact of the proposed Clean Power Plan on electric utilities. The first of these...more

12/11/2014 - Clean Power Plan FERC Market Participants

FERC Adopts New Methodology to Determine Electric Utility ROE

In a long-awaited decision, the Federal Energy Regulatory Commission on June 19, 2014, revised its methodology for determining the rate of return on common equity (ROE) used to establish cost-based rates of public utilities...more

6/27/2014 - Electricity Energy FERC Natural Gas Pipelines Utilities Sector

FERC to Review Limitations on Payment of Dividends by Public Utilities from Capital Accounts

The Federal Energy Regulatory Commission recently announced that it intends to review whether to grant blanket relief to certain public utilities from the prohibition in the Federal Power Act against payment of dividends by...more

9/11/2013 - Dividends Exelon Generation Federal Power Act FERC Shareholders

FERC Relaxes Rules for Sales of Ancillary Services at Market-Based Rates

The Federal Energy Regulatory Commission has expanded the ability of owners of generation facilities to sell certain generation-related ancillary services needed by public utility transmission providers at market-based rates....more

7/23/2013 - Fair Market Value FERC Power Grid Power Plants Utilities Sector

FERC Lays Groundwork for Open Communication Between Natural Gas and Electric Industries

The Federal Energy Regulatory Commission, in a Notice of Proposed Rulemaking issued on July 18, 2013, is proposing to facilitate increased coordination between electric transmission operators and natural gas pipelines....more

7/19/2013 - Electricity FERC Natural Gas Oil & Gas Power Companies Transmission Grid Utilities Sector

EEI Urges FERC to Support Transmission Investment

The Edison Electric Institute recently issued a White Paper discussing the need for utilities to receive rates of return on investments in transmission facilities sufficient to enable them to attract capital for expansion of...more

6/21/2013 - FERC Investors Transmission Grid

Senator Wyden Urges FERC to Support Regional Flexibility in Order No. 1000 Compliance Filings by Northwestern Utilities

In a letter to FERC Chairman Jon Wellinghoff dated March 5, 2013, Senator Ron Wyden (D-OR), the new Chairman of the Senate Energy and Natural Resources Committee, strongly urged the FERC to support principles of regional...more

3/8/2013 - FERC Tariffs

FERC Adopts Guidelines for Allocation of Capacity on New Merchant Transmission Projects & New Cost-Based Participant-Funded...

The Federal Energy Regulatory Commission acted at its meeting on January 17, 2013, to facilitate non-discriminatory access to the transmission grid by (a) issuing guidelines for allocation of capacity on new merchant...more

1/18/2013 - FERC New Merchant Transmission Projects Participant Funded Transmission Projects Small Generators Transmission Grid

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