FERC Expands Scope of Affiliation Between Investor and Public Utility

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More investors in public utilities may now be considered affiliates, thereby significantly increasing compliance obligations and transactions subject to prior FERC approval.

On October 20, 2022, the Federal Energy Regulatory Commission (FERC or the Commission) issued two orders (the Affiliation Orders) significantly broadening the scope of the terms “affiliate” and “change in control” under FERC regulations and precedent pertaining to the Federal Power Act, as amended.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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