News & Analysis as of

NAESB to Seek Industry Comments on Proposed Modified Standards Prepared in Response to FERC Gas-Electric Coordination NOPR

The Notice of Proposed Rule Making re: Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities (Docket No. RM14-2-000) (“NOPR”) issued by the Federal Energy Regulatory Commission...more

FERC Proposes New Regulations on Priority Rights and Access to Generator Interconnection Facilities

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) on open access and priority rights with regard to Interconnection Customer’s Interconnection Facilities (ICIF)....more

Arizona utility fined $3.25 million over 2011 blackout

On a hot summer afternoon in 2011, cascading power outages spread across the North American Southwest. Over 5 million people in Southern California -- including all of San Diego -- Arizona and Mexico were left without power...more

FERC Initiates Proceeding Regarding Price Formation In Organized Markets

On June 19, 2014, the Federal Energy Regulatory Commission ("FERC") initiated a proceeding to evaluate issues regarding price formation in the organized electric energy and ancillary services markets operated by regional...more

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

FERC Adopts New Methodology to Determine Electric Utility ROE

In a long-awaited decision, the Federal Energy Regulatory Commission on June 19, 2014, revised its methodology for determining the rate of return on common equity (ROE) used to establish cost-based rates of public utilities...more

FERC Announces New Approach for Determining the Return on Equity for Electric Utilities

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531, an order affirming in part and reversing in part an administrative law judge’s August 2013 Initial Decision concerning a complaint...more

FERC Stakes Out New Position on Return on Equity - Votes Out Major Orders Affecting Electric Utility Rate of Return...

The Federal Energy Regulatory Commission today issued a series of orders that collectively represent a significant change to its policy on utility rate of return on equity and will reshape the landscape for electric...more

Summary of FERC Meeting Agenda - June 2014

In This Issue: - Administrative Items - Electric Items - Miscellaneous Item - Gas Items - Hydro Items - Certificate Items Excerpt from Electric Items: E-3: Duke Energy Carolinas, LLC and...more

Natural Gas & Electric Industry Coordination Efforts Advance Through NAESB Gas-Electric Harmonization Forum After Recent FERC...

The natural gas and electric industries have been a buzz since the Federal Energy Regulatory Commission (“FERC”) issued its March 20, 2014 Orders focused on improving the coordination and scheduling of natural gas pipeline...more

FERC Technical Conference on Enhancing Efficiency of Real-Time & Day-Ahead Electricity Markets

The Federal Energy Regulatory Commission (“FERC”) will convene a Technical Conference on “Increasing Real-Time And Day-Ahead Market Efficiency Through Improved Software” on June 23-25, 2014. In its 2009-2014 Strategic Plan,...more

Federal Appeals Court Decision Could Create Risk for Demand Response Suppliers in Wholesale Markets

D.C. Circuit Court vacates FERC Order No. 745 on demand response compensation, determining that FERC does not have jurisdiction. On May 23, 2014, the U.S. Court of Appeals for the D.C. Circuit Court issued a decision...more

FERC Reversed on Demand Response Programs – Who Can and Should Incent Non-Sales of Electricity?

In an appeal decided on May 23, 2014 at Docket No. 11-1486, the District of Columbia U.S. Court of Appeals vacated in its entirety the Federal Energy Regulatory Commission’s (“FERC”) Order No. 745 due to FERC’s lack of...more

Federal Appeals Court Vacates FERC Order No. 745 On Demand Response Compensation

On May 23, 2014, the U.S. Court of Appeals for the D.C. Circuit Court issued a decision in Electric Power Supply Association v. FERC (“EPSA”) vacating and remanding FERC’s Order No. 745, which provides compensation for demand...more

When Is An Agreement Not To Purchase Electricity a Retail Sale? The DC Circuit Strikes Down FERC Order 745

Last Friday, the D.C. Circuit Court of Appeals struck down FERC Order 745, which required that demand response resources be compensated in the same way as traditional generation resources, at the “locational marginal price”,...more

Divided Court of Appeals Panel Vacates FERC Order 745 on Compensation of Demand Response

FERC’s Order No. 745 requiring independent regional grid operators (RTOs and ISOs) in limited circumstances to compensate providers of state-authorized demand response services in the same amounts that they compensate...more

DC Circuit Overturns FERC Rule Authorizing Payments For Demand Response Services

In a 2-1 decision with potentially broad ramifications for power markets, the U.S. Court of Appeals for the D.C. Circuit has overturned the Federal Energy Regulatory Commission’s rule requiring ISO and RTOs to pay electricity...more

Court overturns FERC Order 745 on demand response

A federal appellate court has overturned the Federal Energy Regulatory Commission's key ruling on demand response -- when electricity customers respond to signals about the scarcity of electricity by temporarily reducing...more

Summary of FERC Meeting Agenda - May 2014

In This Issue: - Administrative Items - Electric Items - Miscellaneous Items - Gas Items - Hydro Items - Certificate Item - Excerpt from Hydro Items: H-1: Christopher M. Anthony, Docket...more

Cybersecurity, solar energy and the electric grid

A group of Russian hackers claims to have identified security gaps in widely-used solar panel monitoring software. The monitoring platform's developer is said to be fixing the gaps -- but can hackers damage the electric...more

FERC Issues NOPR Regarding Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities

At the March open meeting, FERC issued a notice of proposed rulemaking (NOPR) in which it proposed changes to the Gas Day and pipeline nominations schedule (Docket No. RM14-2-000, 146 FERC ¶ 61,201). The NOPR is part of the...more

Summary of FERC Meeting Agenda - March 2014

In This Issue: - Administrative Items - Electric Items - Miscellaneous Items - Gas Item - Hydro Item - Certificate Items - Excerpt from Electric Items: E-1: California Independent System Operator...more

Energy Newsletter - March 2014

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

Fourth Circuit Upholds FERC Transmission Incentives Order Despite Intervening Change in Policy

On January 24, the U.S. Court of Appeals for the Fourth Circuit upheld an order issued by the Federal Energy Regulatory Commission (FERC) in 2012 denying rehearing (Rehearing Order) of a 2008 order granting Virginia Electric...more

FERC Paves the Way for Higher Capacity Prices in Advance of the Upcoming ISO-NE Capacity Market Auction

On Friday January 24, 2014, the Federal Energy Regulatory Commission issued companion orders: (1) approving a proposal to double the administrative price that will apply in instances of inadequate supply or insufficient...more

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