News & Analysis as of

Federal Power Act

Supreme Court Decision on Statute of Limitations Governing SEC’s Recovery of Disgorgement Also Applies to FERC (but Practical...

On June 5, 2017, the U.S. Supreme Court, in Kokesh v. SEC, unanimously held that the Securities and Exchange Commission (SEC) cannot seek disgorgement of unjust profits obtained outside of the five-year statute of limitations...more

FERC Accelerates Efforts to Integrate Electric Storage Projects Into Jurisdictional Wholesale Markets

by Shearman & Sterling LLP on

Over the past year, the Federal Energy Regulatory Commission (FERC) has accelerated its efforts to facilitate integration of electric storage projects into wholesale electricity markets subject to its jurisdiction....more

Hearings This Week

by Kelley Drye & Warren LLP on

The House is not in session the week of May 8. Senate Environment and Public Works Committee hearing on “Conservation, Consultation, and Capacity: State Views on the Need to Modernize the Endangered Species Act.”...more

Boom in FERC hydro relicensing

by PretiFlaherty on

U.S. federal hydropower regulatory staff currently has a full workload processing original license, relicense, and exemption applications, as well as its compliance and dam safety work, according to testimony presented to...more

FERC Gets Another Round on Energy Storage

On April 13, the Energy Storage Association filed a complaint at the Federal Energy Regulatory Commission against PJM Interconnection, arguing that PJM’s recent changes to how it determines the benefit of a limited-energy...more

FERC v. Barclays Bank PLC: The Latest on De Novo Review Under the FPA

by Pierce Atwood LLP on

In a March 30, 2017 order “in agreement with every other federal court that has expressly addressed this issue,” the court in FERC v. Barclays Bank PLC, (E.D. Cal., filed Oct. 9, 2013), held in an action FERC filed to enforce...more

This Month in Corruption: Smuggled Drugs, Bogus Billing, Tampered Equipment

by PretiFlaherty on

Wrong Way to Keep Prisoners in Line. The office of William D. Weinreb, acting U.S. Attorney for the District of Massachusetts, announced March 3 that two former corrections officers at the Essex County Correctional facility...more

Who Would Face Liability For Oroville Dam Management?

On Feb. 12, 2017, the Butte County, California, sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency...more

Facing a Potentially Lengthy Non quorum Period, FERC Delegates Further Authority to Its Staff

On February 3, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order (the “Delegation Order”) delegating “further authority” to its staff—beyond the existing delegations of authority...more

FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

by Pierce Atwood LLP on

The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more

Resignation of FERC Chairman Brings Uncertainty in Commercial Transactions While Commission Is Without a Quorum

On February 3, 2017, Chairman Norman Bay will resign from the Federal Energy Regulatory Commission (FERC), leaving the five-member independent commission without a sufficient quorum to conduct official business. Prior to...more

FERC 2-year licensing pilot workshop

by PretiFlaherty on

The regulatory process for Federal Energy Regulatory Commission licensing of hydropower projects can take many years and significant expense -- but can it be improved following a two-year pilot process ordered by Congress? ...more

The Supreme Court May Review Whether Regulatory Enforcement Actions Seeking Disgorgement are Subject to a Five-Year Statute of...

Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more

FERC Proposes Reforms to Large Generator Interconnection Procedures and Agreements

by K&L Gates LLP on

On December 15, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to revise Parts 35 and 37 of its regulations, as well as the pro forma Large Generator Interconnection...more

Renewable Energy Investor Group Asks FERC to Designate Certain Passive Equity Interests in Public Utilities as “Non-Voting...

On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...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

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 considers hydro license term policy

by PretiFlaherty on

U.S. hydropower regulators have requested public comments on whether to revise a policy setting the length of license terms for hydroelectric projects. The Federal Energy Regulatory Commission's notice of inquiry could lead...more

FERC Dismisses Electric Cooperatives’ Maryland Community Solar Program PURPA Case as Premature

On November 15, 2016, the Federal Energy Regulatory Commission (FERC) issued an order dismissing a petition for declaratory filed by two Maryland electric cooperatives requesting a FERC finding that regulations governing...more

FERC Enforcement Releases 2016 Annual Report

On November 17, 2016, the Federal Energy Regulatory Commission’s (FERC or “Commission”) Office of Enforcement (“Enforcement”) released its annual Report on Enforcement (the “2016 Report”). This year’s report is the 10th such...more

Adding micro-hydro to licensed hydropower project

by PretiFlaherty on

What happens when a FERC hydropower licensee applies for a preliminary permit to study the feasibility of developing a micro-hydro project, where the new project will be sited at an existing project's dam? In a recent case...more

Failure to Report Uplift Payments, Capacity Sales, Corrective Action Taken, Highlight FERC EQR Audit

by Cozen O'Connor on

The Federal Energy Regulatory Commission’s (FERC) recent audit of a company participating in numerous wholesale power markets highlights errors that can occur with electronic quarterly reports as well as the actions suggested...more

FERC Investigations: Uncertainty Rules as More Entities Challenge in Federal Court: Insights from Nutter’s Matt Connolly

by Nutter McClennen & Fish LLP on

Legal Update - Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC...more

FERC Enforcement Targets Entitled To Due Process Protections In De Novo Review Of Penalty Assessments

by King & Spalding on

In a line of much-anticipated decisions, two federal district courts ruled to protect the procedural due process rights of entities targeted by FERC enforcement actions. Recent decisions in Massachusetts and the District of...more

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