Mark Williams

Mark Williams

Morgan Lewis

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FERC Upholds and Clarifies Reforms to Market-Based Rate Program

The clarifications address concerns from market participants but leave some questions unanswered. On May 19, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 816-A, which upholds and...more

5/27/2016 - Electricity Energy Market Energy Sector FERC Filing Requirements Hydropower Market Rate Natural Gas Utility Rates

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

5/25/2016 - Electricity Energy Sector Federal Power Act FERC Final Rules Hold Harmless Mergers Private Utility Section 203 Utility Rates

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

3/14/2016 - Bankruptcy Court Commercial Bankruptcy Covenants that Run With the Land Debtors Midstream Contracts Mineral Extraction Oil & Gas

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

1/27/2016 - Demand Response Energy Consumption Energy Market Federal Power Act FERC FERC v Electric Power Supply Association Jurisdiction Public Utilities Commission SCOTUS

FERC Confirms Regulatory Immunities for Private Equity Investors and Funds

Passive limited partner investors in private equity funds that make FERC-regulated investments are not themselves subject to FERC’s corporate regulatory regime. Those that own interests in businesses that sell...more

12/23/2015 - Electricity FERC Immunity Private Equity Private Equity Funds Public Utility

FERC Approves Major Reforms to PJM’s Capacity Market Construct

The reforms come alongside corresponding changes within PJM’s energy markets. On June 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order (the Order[1]) accepting PJM Interconnection...more

6/16/2015 - Electricity FERC PJM

FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers

The policy would impose greater scrutiny and controls on “transaction-related” costs that utilities commit not to pass through to ratepayers and would open the door to cost recovery for acquisitions driven by utility need....more

2/2/2015 - Electricity FERC Hold Harmless Transmission Planning Utilities Sector

FERC Proposes to Eliminate Burdens in Its Market-Based Rate Program

Proposed changes to the program intend to simplify administration, improve transparency, and eliminate unnecessary filing requirements. The Federal Energy Regulatory Commission (FERC or the Commission) introduced a set...more

6/27/2014 - Electricity Energy FERC Utilities Sector

FERC Amends Open-Access Requirements for Interconnection Facilities

New proposals aim to reduce regulatory burden on generation developers. On May 15, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Proposed Rulemaking (NOPR) that proposes to...more

5/23/2014 - Energy Reform FERC Interconnections NOPR Qualified Energy Facilities Transmission Planning

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