News & Analysis as of

Federal Energy Regulatory Commission

FERC issues update in hydroelectric licensing

by Hogan Lovells on

Federal Energy Regulatory Commission (FERC or Commission) hydropower licensing processes are perennially criticized for how long they take and for the regulatory uncertainty they involve. On October 19, 2017, FERC took one...more

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

Energy Storage Handbook

by K&L Gates LLP on

As of today, approximately 800 MW of advanced energy storage technologies have been deployed in the United States, with nearly all of that capacity coming online in the last decade. New technologies, use cases, and...more

FERC Investigations: Uncertainty Continues as Two Federal Courts Differ on When FERC Must Bring Enforcement Actions in Federal...

by Nutter McClennen & Fish LLP on

Matt Connolly, a senior associate in Nutter’s Litigation Department, analyzed how the decision in FERC v. Barclays is yet another example of uncertainty in Federal Energy Regulatory Commission (FERC) enforcement actions...more

FERC staff report on cyber security, CIP reliability standards

by PretiFlaherty on

Federal Energy Regulatory Commission staff have released a report on cyber security, including recommendations to help users, owners, and operators of the bulk-power system assess their risk and compliance...more

Hydropower Policy Modernization Act of 2017 (H.R. 3043): State Organizations' October 5th Letter in Opposition

Three organizations of state environmental officials authored an October 5th letter to Speaker of the United States House of Representatives Paul Ryan and Minority Leader Nancy Pelosi expressing concern with provisions of...more

Clean Water Act Challenges to Pipeline Development: Recent Litigation and Key Issues

by Latham & Watkins LLP on

Pipelines delayed as certain states and environmental groups pursue CWA and NEPA challenges to FERC Natural Gas Act Authorizations. Key Points: - FERC extends Millennium’s Valley Lateral Pipeline Project construction...more

Bloom petitions for fuel cell QF status

by PretiFlaherty on

Bloom Energy Corporation, maker of fuel cell-based "Energy Servers," has petitioned the Federal Energy Regulatory Commission for a declaratory order that its facilities meet the Commission’s standards for cogeneration units...more

FERC and Wholesale Market Stakeholders Prepare Responses to Proposed Rule on Grid Resiliency

On September 29, 2017, the Secretary of Energy submitted to the Federal Energy Regulatory Commission a notice of proposed rulemaking to support electric grid resiliency. The notice states that changes to wholesale market...more

FERC Declares Tax Equity Investments Involving Specific Consent and Veto Rights Do Not Require Prior Authorization from FERC

The Federal Energy Regulatory Commission issued a declaratory order on October 4, 2017, confirming that the purchase and sale of passive tax equity interests in project companies or their upstream owners does not require...more

U.S. EPA Moves to Repeal Clean Power Plan

by Stoel Rives LLP on

In a much-anticipated move, the U.S. Environmental Protection Agency (EPA) is proposing repeal of the Clean Power Plan (CPP). The draft proposed rule outlines EPA’s revised interpretation of its authority under Clean Air Act...more

FERC to Expedite Final Rule on Grid Reliability and Resilience Pricing

by Alston & Bird on

On September 28, 2017, the U.S. Department of Energy released a Notice of Proposed Rulemaking (NOPR) directing the Federal Energy Regulatory Commission (FERC) to issue a final rule on grid reliability and resilience pricing....more

DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

by McCarter & English, LLP on

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by...more

MWRA applies to surrender conduit exemption

by PretiFlaherty on

The Massachusetts Water Resources Agency has petitioned federal hydropower regulators to surrender its exemption for the Aqueduct Transfer Station Small Conduit Project, a conduit hydropower facility which has not generated...more

FERC and IRS Diverge on Approaches to Tax Equity Investors

by Holland & Knight LLP on

The Internal Revenue Service (IRS) and the Federal Energy Regulatory Commission (FERC) have recently taken different approaches to issues raised by tax equity investors that have invested specifically in renewable energy...more

FERC grid reliability and resilience pricing questions

by PretiFlaherty on

U.S. energy regulators have asked for public comment on a rule proposed by the Secretary of Energy that would require organized grid operators to pay certain electric generators for their grid reliability and resilience...more

Oil And Gas Update For Week Ending 10/6/2017 – Natural Gas Prices Slide, PA Superior Court Addresses Reserved Royalty Vs. Oil/Gas...

by Cozen O'Connor on

Natural gas prices have fallen pretty harshly since our last report, particularly in Appalachia where prices dropped below $1/MMBtu, amidst a slightly sliding rig count. In Appalachia, the Pennsylvania Superior Court...more

FERC Confirms that FPA Section 203 Approval is Not Required for Tax Equity Investment

by Foley & Lardner LLP on

Federal Energy Regulatory Commission (“FERC”) has issued a declaratory order confirming that no approval under Section 203 of the Federal Power Act (“FPA”) is required in connection with the transfer or issuance of passive...more

Trump Track: DOE Proposes FERC Action to Benefit Coal and Nuclear Power

by Davis Wright Tremaine LLP on

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to the Federal Energy Regulatory Commission (“FERC”) pursuant to §403(a) of the DOE Organization Act. Regulations...more

FERC Holds Certain Passive Equity Interests in Public Utilities Are “Non-Voting Securities” for Purposes of Section 203 of the...

On October 4, 2017, in a decision with significant implications for the energy project finance community, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted a petition for declaratory order filed by...more

FERC Loosens The Reins On Tax Equity Under Section 203 Of The Federal Power Act

by Morrison & Foerster LLP on

On October 4, 2017, the Federal Energy Regulatory Commission (FERC) continued to clear its case backlog and issued a declaratory order that draws a road map clarifying that certain tax equity investments in FERC-regulated...more

SEC Enforcement Action Involving Initial Coin Offering Muddies Jurisdictional Waters

by Reed Smith on

Digital assets, popularly referred to as “cryptocurrencies,” “coins,” and “tokens,” continue to provoke regulatory attention and create discord among regulators. Recent actions by the U.S. Commodity Futures Trading Commission...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains

by Morgan Lewis on

The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more

FERC Cuts Regulatory Burden on Tax Equity Investments in Renewable Generation

by Morgan Lewis on

Agency clarifies that Section 203 approval is not required for tax equity investments with specified, limited veto and consent rights....more

Tax Equity Investors Wave Goodbye to FPA Section 203

by Stoel Rives LLP on

Tax equity investments, and potentially other passive investments, in renewable energy just became that much easier to make. Today, in response to a petition for declaratory order filed in January 2017 by a coalition of...more

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Cybersecurity

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