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FERC Revises Market Surveillance Data Collection Proposal and MBR Filing Proposal

On July 21, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to (1) collect a wide range of “connected entity” data for market surveillance and...more

FERC Orders ISOs/RTOs to Report on Additional Price Formation Issues

On November 20, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order directing each regional transmission organization (“RTO”) and independent system operator (“ISO”) to submit a report addressing five...more

11/30/2015  /  FERC , ISOs , NPRM , RTO , Utilities Sector

Congressional Republicans Ask FERC to Rethink PURPA

On November 6, 2015, the chairmen of several congressional energy committees and subcommittees sent a letter to the Federal Energy Regulatory Commission (FERC or “Commission”) requesting that FERC convene a technical...more

FERC Takes Modest Step Forward in RTO/ISO Price Formation

Taking the first formal step in its year-long effort to examine price formation issues in the wholesale energy and ancillary services markets operated by regional transmission organizations and independent system operators...more

Wind Power Trade Association Seeks Reforms to Generator Interconnection Process

On July 7, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice seeking comments on a petition for rulemaking filed by the American Wind Energy Association (AWEA). The petition asks FERC to implement reforms...more

FERC to EPA: We Are Here to Help on CPP

On May 15, 2015, the five sitting Federal Energy Regulatory Commission (FERC) commissioners sent a joint letter to Janet G. McCabe, acting assistant administrator of the Environmental Protection Agency (EPA), regarding the...more

Supreme Court Rejects Pre-Emption Claim in State Antitrust Action

On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more

FERC Denies Rehearing of Opinion No. 531

On March 3, 2015, the Federal Energy Regulatory Commission (“FERC”) issued Opinion No. 531-B, an order denying rehearing of Opinion No. 531. Opinion No. 531 involved a challenge to the New England Transmission Owners’...more

3/19/2015  /  FERC , ISOs , Petition For Rehearing

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

Iowa Supreme Court Allows Third-Party PPA to Move Forward

On Friday, July 11, the Supreme Court of Iowa issued a decision holding that a solar energy company entering into a third-party power purchase agreement (PPA) with an Iowa municipality would not be considered a public utility...more

Oil and Gas Industry Forms Information Sharing Group to Combat Cyber Threats

In response to the growing threat from cyber-attacks, the oil and gas industry has announced the formation of an information sharing clearinghouse. The new group, known as the Oil and Natural Gas Information Sharing and...more

FERC Initiates Proceeding to Evaluate Price Formation

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) initiated a proceeding with the aim of evaluating price formation issues in the wholesale energy and ancillary services markets. The new initiative comes in...more

6/30/2014  /  Energy Policy , Energy Sector , FERC , RTO , Wholesale

FERC Seeks en banc Review of D.C. Circuit’s Demand Response Decision

On June 11, 2014, Acting FERC Chair Cheryl LaFleur announced that FERC will seek rehearing en banc of the May 23rd, 2014, decision of the D.C. Circuit that vacated FERC’s controversial rulemaking on demand response...more

6/13/2014  /  Energy Market , Energy Sector , FERC

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

Senators Question Bay, LaFleur on FERC Nominations

The Senate Energy and Natural Resources Committee held a hearing on Tuesday on the nominations of Norman Bay and Cheryl LaFleur to the Federal Energy Regulatory Commission (the “Commission” or “FERC”). Mr. Bay, who currently...more

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