News & Analysis as of

Department of Energy (DOE) Notice of Proposed Rulemaking (NOPR)

Vinson & Elkins LLP

FERC Issues Final Rules on Electric Transmission Planning, Cost Allocation, and Backstop Authority Evaluation Procedures

Vinson & Elkins LLP on

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) established “a new foundation” upon which new electric transmission facilities can be planned, paid for, and built. The Commission did so...more

ArentFox Schiff

Energy Labeling Rule Update: FTC Extends Comment Period

ArentFox Schiff on

The Federal Trade Commission (FTC) has published a notice of proposed rulemaking seeking public comments on potential improvements to the Energy Labeling Rule. The Energy Labeling Rule, designed to aid consumers in...more

King & Spalding

A Brief Overview of the Federal Rulemaking Process in the United States

King & Spalding on

Since the enactment of the Inflation Reduction Act of 2022 (the “IRA”) in the United States, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) have issued notices of proposed regulations...more

Mintz - ML Strategies

ML Strategies Outlook for 2024

Mintz - ML Strategies on

Congress — Big Agenda & Little Time - With the holidays behind us, Congress returned this week for the second half of the 118th Congress with a long list of items to address and, as the 2024 campaign season ramps up, limited...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Energy Proposes to Revise its Acquisition Regulation

The DOE proposes to update and streamline its policies, procedures, provisions and clauses applicable to its contracts. The changes include revisions related to facility clearances, Agreements for Commercializing...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update - January 2024

Climate Corps Listening Sessions - The White House has announced a series of virtual listening sessions for the newly launched American Climate Corps to be held in January and February 2024. With a goal of recruiting...more

Troutman Pepper

DOE Proposes to Limit NEPA Review for Transmission, Storage, and Solar

Troutman Pepper on

On November 16, 2023, the U.S. Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to update its National Environmental Policy Act (“NEPA”) implementing regulations to add a categorical exclusion for...more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Pierce Atwood LLP

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

Pierce Atwood LLP on

On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more

Davis Wright Tremaine LLP

DOE Working Toward a More Efficient Permitting Review Process for Transmission Projects

It's a no-brainer that we need to modernize the grid to tap the potential of renewable energy and the electrification transition as well as maintain reliability and resilience in the face of extreme weather conditions. Major...more

Mintz - ML Strategies

Washington Energy & Sustainability Update - April 2023

Mintz - ML Strategies on

House Approves Republican Energy Package - Four Democrats joined with all Republicans to approve, in a 225-204 vote, a massive House energy bill on March 30. While the bill will almost certainly not advance in the Senate,...more

Pillsbury Winthrop Shaw Pittman LLP

DOE Issues Final Rule on Part 810 Civil Penalties

The U.S. Department of Energy issued a final rule regarding procedures for imposing civil penalties for violations of DOE’s 10 CFR Part 810 regulations governing civil nuclear technology export controls. The language of...more

Bracewell LLP

FERC Proposes Reforms to Backstop Transmission Siting Authority, Implementing Changes Required by 2021 Bipartisan Infrastructure...

Bracewell LLP on

On Thursday, December 15, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing changes to FERC’s authority under section 216 of the Federal Power...more

Paul Hastings LLP

DOE Initiates Program to Bring Resources of The National Labs to bear on Interconnection Reform

Paul Hastings LLP on

At the end of May, the U.S. Department of Energy (“DOE”) announced a new program, the Interconnection Innovation e-Xchange (“i2X”), to bring together stakeholders and several of DOE’s National Laboratories to “develop...more

King & Spalding

Biden Administration Issues Proposed Buy American Regulations

King & Spalding on

Requests Comments From Industry On A Number Of Key Aspects Of The Proposal - On July 30, 2021, pursuant to Executive Order (“E.O.”) 14005, “Ensuring the Future Is Made in All of America by All of America’s Workers,” the...more

Pillsbury Winthrop Shaw Pittman LLP

DOE Proposes Procedures for the Imposition of Civil Penalties for Violations of Part 810

The proposed rule issued on October 3, 2019 would update 10 CFR Part 810 to include procedures to implement the Department of Energy’s civil penalty authority. The maximum proposed penalty is $102,522 per violation, per day. ...more

Morgan Lewis

DOE Publishes Proposed Rule for Part 810 Civil Monetary Penalties

Morgan Lewis on

The US Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in the October 3 Federal Register to establish procedures for imposing civil monetary penalties for violations of 10 CFR Part 810 (Part 810)....more

Mintz

Energy & Sustainability Washington Updates – November 2018

Mintz on

Congress - Although Congressional activity has been curtailed this month with members largely at home campaigning ahead of the November 6 midterm elections, there has been some activity on energy policy. The Senate...more

Holland & Knight LLP

DOE Announces New Cyber Office to Elevate Importance of Risks to Energy Sector - Effort Builds on Prior White House, DOE and FERC...

Holland & Knight LLP on

The President’s FY 19 Proposed Budget, issued on Feb. 12, 2018, featured a heavy focus on the cybersecurity risks to the nation’s critical infrastructure and included budget increases for cyber specific missions within...more

Stoel Rives - Renewable + Law

FERC Brushes Away Secretary Perry’s “Resiliency” NOPR, Finding It Legally Deficient

In a move that was widely anticipated across the energy industry, the Federal Energy Regulatory Commission (FERC) today issued an order that terminated a notice of proposed rulemaking that had been initiated in October 2017...more

Holland & Knight LLP

FERC Commissioners Unanimously Support Proposal to Expand Cyber Incident Reporting Rules

Holland & Knight LLP on

On December 21, 2017, the Federal Energy Regulatory Commission (FERC) unanimously voted to direct the North American Electric Reliability Corporation (NERC) to modify existing CIP Reliability Standard (CIP-008-5)...more

Foley Hoag LLP - Environmental Law

DOE NOPR Faces Criticism But Remains on Fast-Track, with Initial Comments Due October 23

On September 28, 2017, Secretary of Energy Rick Perry sent a letter to FERC enclosing a Notice of Proposed Rulemaking(NOPR), which Secretary Perry asserts “requires the Commission-approved organized markets to develop and...more

Blank Rome LLP

Department of Energy Files NOPR Providing for Guaranteed Profits for Nuclear and Coal Plants—Only.

Blank Rome LLP on

The Department of Energy (“DOE”) last Friday rolled out a Notice of Proposed Rulemaking (“NOPR”) with the Federal Energy Regulatory Commission (“FERC”) that amounts to requiring subsidies for nuclear plants and coal plants....more

Davis Wright Tremaine LLP

FERC, NERC and Business Blackout: New CIP Standards and Fictional Cyber Attacks

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) July 16, 2015, proposing to approve various Critical Infrastructure Protection (CIP) reliability standards proposed by the North...more

Pillsbury Winthrop Shaw Pittman LLP

DOE Issues the Part 810 Final Rule: Summary and Compliance Steps for Industry

Today, the U.S. Department of Energy (DOE) issued the final rule amending its regulations at 10 C.F.R. Part 810 on “Assistance to Foreign Atomic Energy Activities” (“Part 810”). The rule takes effect on March 25, 2015....more

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