News & Analysis as of

Electricity Federal Energy Regulatory Commission

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

EIB Energy Highlights: FERC Nominees to Restore Quorum, Clean Power Plan Rescission, Infrastructure Bills & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Carbon Pricing Update: All Eyes on FERC’s Upcoming Technical Conference as Eastern Grid Operators Seek to Harmonize Wholesale...

In our February update, we noted that ISO New England (ISO-NE) and New York Independent System Operator (NYISO) stakeholders continue to discuss carbon pricing as one potential solution to better align state and regional...more

D.C. Circuit Tells FERC to Try Again on Utility Rates of Return

by Jones Day on

On April 14, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision that could cause short-term uncertainty for electric utilities, whose rates for transmission service, including the allowed rate of return,...more

What’s New in Washington: 10 Things You Need to Know

The Trump presidency is halfway through its first 100 days. The legislative and executive branches are under a unified Republican government for only the second time since the Eisenhower administration, and the GOP is seeking...more

FERC Schedules Technical Conference on the Interaction Between State Energy Policies and FERC-Regulated Wholesale Electricity...

On March 3, 2017, Federal Energy Regulatory Commission (FERC or the “Commission”) staff scheduled a technical conference to discuss the interaction between state energy policy priorities for generation resources and resource...more

Two Federal Lawsuits Challenge the Constitutionality of the Exelon Nuclear Bailout Legislation

by Clark Hill PLC on

On February 14, 2017, two lawsuits were filed in federal court in Chicago challenging a key provision of sweeping energy legislation known as the Future Energy Jobs Bill ("FEJB"). The FEJB was passed by the Illinois General...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

FERC Proposes Specifics on Allocating Real-Time Uplift to Deviations and More Information on Uplift

by Cozen O'Connor on

At its January meeting, the FERC issued a Notice of Proposed Rulemaking (NOPR) proposing (1) specific processes for allocating real-time uplift costs from deviations to market participants and (2) providing more information...more

"FERC Could See Substantial Changes Under President Trump"

The Federal Energy Regulatory Commission (FERC) is a somewhat obscure and highly technical agency that was not discussed specifically during President Donald Trump’s campaign. Its regulatory footprint is, however,...more

U.S. and Mexico Sign Bilateral Agreement to Promote Stability of Interconnected Power Grid

On January 7, 2017, the United States Department of Energy (DOE), the Federal Energy Regulatory Commission (FERC) and Mexico's Ministry of Energy (SENER), the Energy Regulatory Commission (CRE) and the National Center for...more

FERC Issues Policy Statement on Storage Resources with Multiple Payment Streams

by McDermott Will & Emery on

Last week, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement to provide guidance on the ability of electric storage resources to recover costs through both cost-based and market-based rates...more

Summary of FERC Meeting Agenda for January 19, 2017

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

FERC Seeking Comment on Recovery of Income Tax Costs by Jurisdictional Natural Gas and Oil Pipelines and Electric Utilities

The Federal Energy Regulatory Commission (FERC or the “Commission”) announced in December that it is opening a new inquiry and seeking comments regarding its current policies with respect to the recovery of income tax costs...more

Some Considerations for Comments to FERC on Electric Storage NOPR

by McDermott Will & Emery on

As this blog previously reported, the Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking (NOPR) last month with the goal of requiring organized wholesale electricity markets (RTO/ISO markets)...more

Carbon Pricing Update: Stakeholder Forums in ISO-NE and NYISO Continue to Assess Wholesale Carbon Pricing Proposals

As we noted in October, two of the country’s six Federal Energy Regulatory Commission (FERC)-regulated grid operators have initiated stakeholder processes to explore the integration of wholesale electricity markets with...more

DOE Issues Proposed Grid Security Emergency Order Procedures in Accordance with FAST Act

by Stinson Leonard Street on

On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These...more

DOJ and FTC Advocate Broader Approach to FERC’s Market Power Evaluation under Sections 203 and 205 of the Federal Power Act

On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”)...more

Federal Electricity Policy Under the Trump Administration

by Holland & Knight LLP on

The huge unknown about President-Elect Donald Trump's energy plans is in electric power. Whatever he decides, with a unified Republican Congress behind him, he has the ability to shape federal electric policy in the coming...more

Getting the Deal Through — Electricity Regulation 2017: United States

by White & Case LLP on

1 Policy and law: What is the government policy and legislative framework for the electricity sector? No single government body sets government policy for the electricity sector. The federal government, which...more

FERC Adopts New Regulations Allowing Higher-Priced Energy Offers in Organized Electricity Markets

At its November Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule (Order No. 831) directing the Regional Transmission Organizations and Independent System Operators...more

FERC Proposes Rules on Electric Storage and Distributed Energy Resource Participation in Organized Wholesale Power Markets,...

by Morrison & Foerster LLP on

FERC issued a proposed rule last week that has the potential to blaze a path forward for electric storage and distributed energy resources in organized wholesale electricity markets. It also released its annual enforcement...more

FERC Proposes to Integrate Electric Storage into Organized Markets

by Morgan Lewis on

The proposed rule recognizes the physical and operational characteristics of electric storage resources and distributed energy resource aggregators and removes barriers to their participation in organized wholesale electric...more

FERC Proposes to Remove Barriers to Wholesale Market Participation for Electricity Storage and Distributed Energy Resource...

by McDermott Will & Emery on

On November 17, 2016, the Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking (NOPR) that, if adopted, would require organized wholesale electricity markets (RTO/ISO markets) to modify their...more

"Skadden Energy Law Handbook: Fourth Edition (November 2016)"

Skadden’s Energy Regulation and Litigation Group is pleased to provide the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments. The handbook contains 16 chapters covering a broad...more

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