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Does FERC's Authority to Delegate Functions to Staff Survive the Loss of an Agency Quorum?

On May 25th, the Senate Committee on Energy & Natural Resources will hold hearings on President Trump's nominations to fill two commissioner vacancies on the Federal Energy Regulatory Commission (FERC). If confirmed, the...more

DC Circuit Case May Test Continuing Validity of FERC Delegations of Authority to Agency Staff Once Its Quorum Disappeared

On February 7 and March 7, 2017, we wrote about how the Federal Energy Regulatory Commission (FERC) is operating without a legal quorum of three members and how the lack of a quorum might affect the validity of FERC staff...more

Challenge Issued to Legality of FERC's Delegation Order

The Federal Energy Regulatory Commission's (FERC) February 3, 2017 "delegation order" that was issued on the last day it had a quorum was the topic of a recent alert. The order, as we noted, aimed to preserve and expand the...more

No Quorum at FERC may Affect Ability to Consummate Dispositions of Jurisdictional Assets and Issuances of Debt

At the close of business on Friday, February 3, 2017, the Federal Energy Regulatory Commission (FERC) lost its legal quorum of three members when its former Chair, Norman Bay, resigned his post as a FERC Commissioner. Earlier...more

Energy Law Insight: Twist In The Tale Of The Term B Loan

The institutional debt market for energy projects is fired up, particularly for Term B Loan refinancing....more

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