John D. McGrane

John D. McGrane

Morgan Lewis

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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

D.C. Circuit Rejects Challenges to FERC’s Order No. 1000

The court turned back all challenges to FERC’s order, which imposed major regional transmission planning requirements, concluding that FERC has adequately justified the order and acted within its statutory authority....more

8/22/2014 - Energy Energy Policy FERC Transmission Lines Transmission Planning Utilities Sector

FERC Proposes Reforms to Improve Gas-Electric Coordination

Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets. Electric generators’ increased reliance on natural gas in recent years...more

3/24/2014 - Energy FERC Natural Gas Pipelines Utilities Sector

FERC Directs Reliability Standards for Physical Security

New Reliability Standards will require physical protections for critical electric system facilities, including substations and control centers. Following well-publicized threats to the physical security of electric...more

3/12/2014

FERC Approves Version 5 CIP Reliability Standards, Rejects Key Reforms

The Commission rejects NERC’s proposal to reform the existing “zero tolerance” to CIP compliance, describing the proposal as too ambiguous and unworkable. On November 22, the Federal Energy Regulatory Commission (FERC...more

12/3/2013 - Critical Infrastructure Sectors Energy FERC NERC

FERC Addresses Fuel Obligations of Capacity Resources in ISO New England

A capacity resource may not take economic outages, but a resource may be considered physically unavailable if it cannot obtain natural gas or transportation. On August 27, the Federal Energy Regulatory Commission...more

9/4/2013 - FERC Natural Gas Natural Resources

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 Refines Priority Rights to Participant-Funded Transmission

Developers are provided more freedom in capacity allocation negotiations, but greater transparency of the process is required. ...more

1/23/2013 - FERC Participant Funded Transmission Projects

FERC Reframes Nexus Test for Transmission Incentives Applications

Rate incentives may become more difficult to obtain; applicants are provided guidance on showings they are expected to make. On November 15, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement...more

11/19/2012

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