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PHMSA Sets Safety Standards for Underground Gas Storage Facilities

Operators of underground storage facilities will need to assess the operational safety of their facilities and document the implementation of safety solutions....more

2016 FERC Enforcement Report: Trends Continue, with More Court Fights

The report shows a continued focus on manipulative conduct in energy markets as well as serious mandatory reliability standards violations, but also shows FERC’s increasing caseload in federal court....more

PHMSA Implements Authority to Issue Emergency Orders

Interim Final Rule allows the Pipeline and Hazardous Materials Safety Administration (PHMSA) to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the...more

CFTC Proposes Amendments to Whistleblower Awards Process and Anti-Retaliation Authority

The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more

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

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

Pipeline and Hazardous Materials Safety Administration Reauthorized

The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities. On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

CFTC Proposes Dodd-Frank Relief to Certain Energy Industry Contracts

The proposal furthers an ongoing effort to minimize Dodd-Frank burdens on commercial end users. On April 4, the US Commodity Futures Trading Commission (CFTC) issued an order proposing guidance about the Dodd-Frank...more

FERC Signals Intention to Closely Scrutinize Late Interventions

Movants must clear high hurdle once parties reach settlement in principle. On March 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in Maritimes & Northeast Pipeline, LLC (Maritimes...more

Decision Permits Rejection of Midstream Agreements in Bankruptcy

Decision establishes framework for future rulings that covenants in midstream agreements do not run with the land. On March 8, Judge Shelley C. Chapman of the US Bankruptcy Court for the Southern District of New York...more

US Supreme Court Holds FERC Has Jurisdiction Over Demand Response

Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power Act. On January 25, the US Supreme Court, in a 6-2 decision, ruled in...more

Congress Lifts Oil Export Ban

Oil exports permitted for the first time in 40 years. On December 18, the US Congress passed H.R. 2029, ominbus appropriations legislation that provides discretionary funding for the federal government for the current...more

FERC Terminates Proceeding That Would Increase Reporting of Natural Gas Sales

On November 17, 2015, the Federal Energy Regulatory Commission (FERC) issued an order terminating its inquiry on potentially requiring jurisdictional sellers to submit quarterly reports on natural gas transactions....more

FERC Issues Annual Enforcement Report

The Annual Report provides information concerning the Office of Enforcement’s efforts in fiscal year 2015. On November 19, the Federal Energy Regulatory Commission’s (FERC’s or the Commission’s) Office of Enforcement...more

Recent Regulations Prompt Revamped FERC Pipeline Cost-Recovery Policy

FERC proposes to establish a framework that allows pipelines to use surcharge or tracker cost-recovery mechanisms to accelerate system improvements associated with new safety and environmental compliance regulations....more

FERC Issues Order Addressing General Requirements for Reactive Power

All generators must have rate schedules for jurisdictional reactive power service on file, even if they are not receiving compensation. On October 17, the Federal Energy Regulatory Commission (FERC or the Commission)...more

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