Federal Energy Regulatory Commission

News & Analysis as of

FERC NOPR Seeks Connected Entity Data from Virtual Traders and Financial Transmission Rights Holders

The Federal Energy Regulatory Commission (FERC) recently proposed that virtual traders and financial transmission rights holders (collectively Virtual/FTR Participants), which are not FERC electric market based rate holders...more

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

DesertLink transmission project wins rate incentives under Section 219

Federal energy regulators have granted a petition by the developer of a proposed electric transmission project in Nevada for certain transmission rate incentives available under federal law. On August 19, the Federal Energy...more

FERC Weighs PURPA Changes: What Do Renewable Energy Stakeholders Need to Know?

For a law originally passed in response to the energy crisis of the 1970s, The Public Utility Regulatory Policies Act (PURPA) has received a lot of recent attention from Congress and advocates for both investor-owned...more

FERC Requires New England Generators to Reveal How Bids Formulated

On August 8, 2016, the Federal Energy Regulatory Commission (FERC) issued its order on remand from the D.C. Circuit on FERC’s approval of ISO New England’s (ISO-NE) 2013-14 winter reliability program, results, and rates....more

New Jersey FERC license surrender and dam removal

U.S. energy regulators have accepted an application to surrender the licensee for a New Jersey hydropower project. Earlier this month, the Federal Energy Regulatory Commission accepted Great Bear Hydropower Inc.'s...more

FERC Final Rules Establish New Interconnection Requirements for Distributed Energy Resources and Wind Generators

On July 21, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued a final rule (“Order No. 828”) modifying the pro forma Small Generator Interconnection Agreement (SGIA) to require newly interconnecting...more

NEPA guidance on greenhouse gas emissions

Federal agencies have new guidance on how to address the effects of greenhouse gas emissions and climate change as those agencies satisfy their duties under the National Environmental Policy Act. This month the White House...more

White House Issues Guidance Advising Agencies to Assess Climate Change in NEPA Reviews

On August 1, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies on considering greenhouse gas (GHG) emissions and the effects of climate change in National Environmental...more

Third Circuit Rejects Challenges to State Environmental Permits for Transco’s Pipeline Expansion Project

On August 8, the U.S. Court of Appeals for the Third Circuit released an opinion rejecting several challenges to environmental permits and authorizations granted by environmental regulatory agencies in New Jersey and...more

FERC Takes Action on Cybersecurity in Response to Ukrainian Cyber Attacks

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”) and Final Rule at the end of July to address several urgent cybersecurity issues affecting the bulk electric system. FERC is taking these...more

FERC Proposes New Data Collection Rules

On July 21, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking (the “NOPR”) addressing the collection of certain data from sellers making sales at market-based rates (“MBR Sellers”)...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

FERC declares QF rights

Federal energy regulators have issued an advisory opinion regarding the rights of Qualifying Facility electric generators to sell power to their local utility under the Public Utility Regulatory Policies Act (PURPA). The...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 47

Fracking Insider Readers: We are pleased to bring you Volume 47 of our State Regulatory Roundup, including updates in Maryland, New Jersey, and Texas. As we explained in earlier volumes, we designed the Roundup to provide...more

The energy sector deals with cyber-risks: key points

Cyber-risks have become a part of life in American business, and the energy sector is certainly not exempt from these dangers. Indeed, the sector’s critical infrastructure has been identified as a global target, and several...more

FERC Civil Penalties May Be Subject to Full Judicial Review

A Federal District Court recently held that a proposed civil penalty assessed by FERC was subject to a full trial de novo where the respondent elects to forego a hearing before an Administrative Law Judge, a matter of first...more

FERC Goes Back to the Drawing Board on Data Collection Rule

On July 21, 2016, the Federal Energy Regulatory Commission (FERC) proposed a new data collection rule that would require market-based rate (MBR) sellers and entities trading virtual products or holding firm transmission...more

Federal Court Grants Full Civil Trial to FERC Enforcement Target

The decision will likely affect the strategies of enforcement targets in electric market manipulation cases. For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more

Where Do FERC Enforcement Targets Go to Get Their Day in Court?

Two Federal District Court Opinions Highlight Differences Between Natural Gas Act and Federal Power Act Investigations - Two weeks ago, a federal judge in Texas rejected arguments that targets of FERC investigations...more

BP Case Reflects FERC’s Broad View of its Jurisdiction

On July 11, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued an order affirming an Administrative Law Judge’s (ALJ) Initial Decision finding that BP America (“BP”) and certain affiliated entities...more

FERC Seeks to Enhance Electricity Market Surveillance and Data Collection for Market-Based Rates Sellers and Other Market...

On July 21, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (July NOPR) to require certain participants in wholesale electric markets to submit “relational databases” to report...more

FERC Once Again Modifies Interconnection Policy to Level the Playing Field Among Electric Generators

For the second time in as many months, the Federal Energy Regulatory Commission (FERC) acted to eliminate undue discrimination between electric generators. Last month, FERC issued Order No. 827, which required non-synchronous...more

FERC Rules that Previous Sale of Renewable Energy Credits Does Not Limit Right to Sell Power Under PURPA

May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits...more

FERC Rules that Previous Sale of Renewable Energy Credits Does Not Limit Right to Sell Power Under PURPA

May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits...more

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