Federal Power Act

News & Analysis as of

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Restoring old mill hydro sites and FERC licensure

Suppose you own an existing water powered mill complex whose hydromechanical facilities have not been operational for decades. You would like to develop a hydropower project at the site, using the existing dam, headrace, and...more

Supreme Court Affirms FERC Demand Response Authority

Last week, the Supreme Court handed down a ruling affirming that federal regulators may encourage large electricity users to reduce consumption at peak times in exchange for price breaks, a practice known as “demand...more

Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability

Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____...more

FERC requires licensure of Alaska hydropower project

What happens when federal hydropower regulators discover an unlicensed project subject to their jurisdiction? A recent case involving a dam at a remote Alaskan fish hatchery ended with an order requiring the project owner to...more

New Year, New Market-Based Rates Regulatory Regime

The new year has brought U.S. electricity markets participants an overhauled regulatory regime for market-based rates under section 205 of the Federal Power Act. The Federal Energy Regulatory Commission (“FERC” or...more

Supreme Court: FERC Can Regulate Programs Directly Impacting the Wholesale Power Market

In FERC v. Electric Power Supply Association et al., the U.S. Supreme Court held in a 6-2 decision that the Federal Energy Regulatory Commission (FERC) has the authority, pursuant to the Federal Power Act (FPA), to regulate...more

Energy Sector Alert Series: A Legislative Outlook

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from...more

Court ruling cuts demand response uncertainty

Yesterday the U.S. Supreme Court issued an opinion upholding federal regulation of the compensation paid for wholesale electricity demand response. The Court's opinion, FERC v. Electric Power Supply Assn., hinges on the...more

U.S. Supreme Court Upholds FERC Jurisdiction Over Demand Response

On January 25, 2016, in a 6-2 decision delivered by Justice Kagan, the U.S. Supreme Court upheld the authority of the Federal Energy Regulatory Commission (FERC) under the Federal Power Act to require wholesale market...more

US Supreme Court Holds FERC Has Jurisdiction Over Demand Response

Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power Act. On January 25, the US Supreme Court, in a 6-2 decision, ruled in...more

Supreme Court Decides Federal Energy Regulatory Commission v. Electric Power Supply Association and EnerNOC, Inc. v. Electric...

On January 25, 2016, the United States Supreme Court decided Federal Energy Regulatory Commission v. Electric Power Supply Association, No. 14-840, together with EnerNOC, Inc. v. Electric Power Supply Association, No. 14-841,...more

US Supreme Court upholds wholesale demand response

The Supreme Court of the United States has issued an opinion upholding regional electricity grid operators' ability to operate wholesale demand response programs under federal authority. In that opinion, FERC v. Electric...more

Congress Acts to Protect Critical Electric Infrastructure Information

On December 4, 2015, President Obama signed into law the “FAST Act”—short for Fixing America’s Surface Transportation Act. Though primarily a highway bill, the FAST Act also includes energy security amendments to the Federal...more

Mojave Water Agency conduit hydropower project qualifies

A California wholesale water provider has received a written determination from federal regulators that its proposed hydroelectric power project qualifies for easier regulatory treatment under federal law. The project...more

FERC Proposes $2.4 Million Civil Penalty for CAISO Power Trading Activities

On December 16, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty (OSC) directing ETRACOM LLC and its principal member and trader, Michael...more

FERC hydropower and successive preliminary permits

U.S. federal regulators can give a preliminary permit to the developer of a proposed hydropower projects -- but won't give out a successive permit unless the developer demonstrates it acted diligently under its prior...more

FERC Clarifies that Certain Qualifying Facilities (QFs) are Exempt from FPA Section 203

FERC recently issued an order confirming that certain qualifying facilities (“QFs”) under the Public Utility Regulatory Policies Act of 1978 (PURPA) are exempt from section 203(a)(1) of the Federal Power Act (“FPA”) pursuant...more

Highway Bill Adds New Security Measures to Federal Power Act

Amendments to Federal Power Act grant the DOE authority to order emergency protective actions by utilities, provide greater protections for Critical Energy Infrastructure Information, and exempt utilities from environmental...more

FERC Reaffirms and Clarifies Exemption for Certain Qualifying Facilities from Section 203 of the Federal Power Act

On November 19, 2015, the Federal Energy Regulatory Commission (FERC) reaffirmed and clarified the exemption for certain Qualifying Facilities (QFs) from Section 203 of the Federal Power Act (FPA) set forth in Section...more

Supreme Court Hears Arguments on FERC Demand Response Policy

The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more

Supreme Court Questions FERC Authority to Regulate Electricity Market Demand Response to Bolster Grid Reliability

Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more

SCOTUS Entertains Oral Argument on FERC Order 745, the “Demand Response” Rule

The U.S. Supreme Court heard oral argument this morning in FERC v. Energy Power Supply Association. At issue is the validity of FERC’s Order 745, the so-called “demand response” compensation rule. Full text of the rule (PDF)....more

EPA Clean Power Plan Considerations: Wheeling Renewable Power

Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more

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