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NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC...more

Failure to Report Uplift Payments, Capacity Sales, Corrective Action Taken, Highlight FERC EQR Audit

The Federal Energy Regulatory Commission’s (FERC) recent audit of a company participating in numerous wholesale power markets highlights errors that can occur with electronic quarterly reports as well as the actions suggested...more

FERC NOPR Seeks Connected Entity Data from Virtual Traders and Financial Transmission Rights Holders

The Federal Energy Regulatory Commission (FERC) recently proposed that virtual traders and financial transmission rights holders (collectively Virtual/FTR Participants), which are not FERC electric market based rate holders...more

CFTC Proposed Guidance on Gas and Capacity Contracts Further Reduces Dodd-Frank Swap Burdens on End-Users

On April 4, 2016, the Commodity Futures Trading Commission (CFTC) issued proposed guidance that two products – common in competitive wholesale electric and natural gas markets – would not be considered swaps under the...more

CFTC Further Reduces Regulatory Burdens Associated with Commodity Options

On March 16, 2016, the U.S. Commodity Futures Trading Commission (CFTC) took action to further reduce the regulatory requirements associated with commodity trade options through issuance of a final rule that took effect on...more

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Court Finds Certain PA Compressor Stations Not ‘Adjacent’ for Purpose of Aggregating Emissions

On February 23, 2015, the District Court for the Middle District of Pennsylvania issued a decision in Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., holding that eight compressor stations owned by Ultra...more

New Jersey Creates Energy Resilience Bank to Develop and Harden Energy Assets of Critical Facilities

One of the most important and sobering lessons learned in the wake of Superstorm Sandy was how susceptible New Jersey’s critical facilities, such as water and wastewater treatment centers, transportation centers, emergency...more

Supreme Court Issues Landmark Clean Air Act Ruling, Revives Cross-State Air Pollution Rule

On April 29, 2014, in a very significant 6-2 decision, the U.S. Supreme Court affirmed EPA’s Cross-State Air Pollution Rule (CSAPR or the Rule), overturning a 2012 D.C. Circuit Court of Appeals decision invalidating the Rule....more

House Passes Energy Efficiency Bill

On March 5, 2014, the House of Representatives passed H.R. 2126, the “Energy Efficiency Improvement Act of 2014.” The bill was co-sponsored by Representatives David McKinley (R-W.Va.) and Peter Welch (D-Vt.). The bill...more

New Jersey Legislature Considers Changes to Energy Master Plan

New Jersey law requires the state to produce an Energy Master Plan (EMP or Plan) every three years. The New Jersey legislature is considering a bill that will require future EMPs to include long-term capacity planning and...more

MD and NJ Programs Subsidizing New Power Plants Found Unconstitutional in Separate Federal Decisions

On October 11, 2013, New Jersey’s Long-Term Capacity Pilot Program (LCAPP) became the second state program designed to foster the development of new in-state power plants to be found unconstitutional in as many weeks. In late...more

10/17/2013  /  Energy Policy , FERC , Power Plants , Subsidies

New Jersey Seeks Input As It Considers Removing the RPS Requirement from the BGS Procurement Process

The New Jersey Board of Public Utilities (the Board) recently announced that it is soliciting feedback from industry stakeholders regarding a proposal to remove the Renewable Portfolio Standard (RPS) requirement from the...more

Next Application Period Approaches for New Jersey Solar Applications

On October 15, 2013, the New Jersey Board of Public Utilities (the Board) will begin accepting applications for solar projects under Subsection (q) of the New Jersey Solar Act (the Act). See N.J.S.A. 48:3-87(q). ...more

9/18/2013  /  Energy Sector , Solar Energy

NJ BPU Affirms OAL Decision Denying Municipality the Right to Compete in Existing Franchise Area

Update - In August 2013, the New Jersey Board of Public Utilities (the Board) issued an order affirming an initial decision of the New Jersey Office of Administrative Law (OAL), which estopped the Borough of Woodland...more

9/13/2013  /  Franchises , Water

Fifth Circuit Ruling Relies on Filed Rate Doctrine to Dismiss Claims Against Natural Gas Company

In July 2013, the U.S. Court of Appeals for the 5th Circuit issued a ruling in which it relied upon the filed rate doctrine to dismiss a claim against a federally regulated natural gas company. In Medco Energi US, LLC v. Sea...more

New Jersey Board of Public Utilities Rejects Agreement on Offshore Wind Project

On July 19, 2013, the New Jersey Board of Utilities (the Board) rejected a stipulated agreement that would have allowed New Jersey’s first offshore wind energy project to move forward. The Board’s failure to approve the...more

Philadelphia Releases Energy Benchmarking and Disclosure Regulations for Large Commercial Buildings

On July 10, 2013, the Philadelphia Department of Licenses and Inspections (L&I) issued draft regulations filling in the compliance requirements of Philadelphia’s mandatory energy and water disclosure ordinance (the Disclosure...more

White House Unveils Comprehensive Climate Plan

On June 25, 2013, President Obama announced a comprehensive climate plan that White House officials say will enable the United States to meet its goal of reducing U.S. greenhouse gas (GHG) emissions 17 percent below 2005...more

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