Federal Energy Regulatory Commission

News & Analysis as of

FERC revokes hydro license over fish passage

What happens when the owner of a federally licensed hydroelectric project fails to build the fish passage facilities required by its license? In the recent case of the East Juliette Hydroelectric Project in Georgia, the...more

FERC settles 3rd Southwest blackout case

A California public utility has settled claims by federal electricity regulators related to the September 8, 2011, blackout in the southwestern United States. Following an investigation by the Federal Energy Regulatory...more

FERC Accepts Almost All of the CAISO's Proposed Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

On October 16, 2014, the Federal Energy Regulatory Commission (“FERC”) issued an Order on Tariff Revisions, FERC Docket No. ER14-2574, conditionally accepting, with two substantive modifications, tariff changes proposed by...more

Energy & Environment Update - October 2014 #3

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce - Department of Energy - Environmental Protection...more

NAESB Response to FERC NOPR re: Coordinating Schedules of Natural Gas and Electricity Markets Subject to Public Comment until...

Coordinating the scheduling of the natural gas and electricity markets has been a priority for the Federal Energy Regulatory Commission (“FERC”), given the increasing dependence of the electric industry on natural gas as a...more

Polar vortex caused energy price spikes, says FERC staff

Why did energy prices rise during last winter's extremely cold "polar vortex" weather? A recent report by federal regulators suggests that inadequate infrastructure is largely to blame, while finding no evidence of...more

FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more

Summary of FERC Meeting Agenda - October 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Excerpt from Electric Items: E-2: Association of Business Advocating Tariff Equity, Coalition of MISO...more

ISO New England's Winter Reliability Program 2014-2015

Keeping the lights on is what electric grid operators do around the clock – but challenges in New England are leading its grid operator to prepare for a winter when the availability of affordable electricity may be...more

Energy & Environment Update - October 2014

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Energy - Department of Interior - Environmental Protection...more

FERC approves Maryland LNG project

A proposed Maryland natural gas liquefaction facility won a key federal approval yesterday, as the Federal Energy Regulatory Commission authorized Dominion Cove Point LNG, LP to build the Cove Point Liquefaction Project in...more

Easements Made Easier: Building Pipelines with the Power of Eminent Domain Under the Natural Gas Act

Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to...more

On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand...

On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate FERC’s...more

Liquefied Natural Gas (LNG) Exports from Louisiana and Florida Approved by DOE, While Alaska LNG Project Makes Progress

Shortly after finalizing its revised procedures for reviewing pending liquefied natural gas (“LNG”) export applications, the Department of Energy (“DOE”) issued final authorizations for two facilities to export LNG to...more

Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new...more

FERC Order 676-H adopts NAESB standards

Last week the Federal Energy Regulatory Commission issued Order No. 676-H, adopting and incorporating into its regulations most of the latest version of a set public utility business practice standards and communications...more

FERC Commissioner Moeller Convenes Public Meeting Focusing on Resolving Natural Gas Supply Challenges for Electric Generators

Commissioner Philip Moeller of the Federal Energy Regulatory Commission (FERC) held a public meeting on September 18, 2014 to discuss ideas to facilitate and improve the way in which natural gas is traded and to explore the...more

FERC Order 800 eases hydropower regulations

The Federal Energy Regulatory Commission has issued an order streamlining its regulations for some small hydropower projects. FERC Order No. 800 conforms the Commission's regulations to the Hydropower Regulatory Efficiency...more

FERC Issues Declaratory Orders in Shell and Pivotal Proceedings Related to LNG Production Facilities

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

Summary of FERC Meeting Agenda - September 2014

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 18, 2014 meeting, pursuant to the agenda as issued on September 11, 2014. Agenda Items E-13, E-15 and G-2 have not been...more

Energy & Environment Update - September 2014 #2

In This Issue: - Energy and Environmental Debate - Congress - Administration - Department of Energy - Environmental Protection Agency - Federal Energy Regulatory Commission -...more

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

Some PURPA Qualifying Facilities are More Qualified Than Others

In a fascinating decision last week, a divided panel of the 5th Circuit Court of Appeals held that the Texas Public Utilities Commission had authority to limit the universe of “Qualifying Facilities” under the Public...more

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

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