News & Analysis as of

Federal Energy Regulatory Commission

Court Rejection of FERC’s Actions on PJM MOPR Filing Likely to Change FERC Decision Making

by Cozen O'Connor on

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Federal Energy Regulatory Commission (FERC) actions modifying PJM’s Minimum Offer Price Rule filing. NRG Power Marketing, LLC, et al. v....more

Oil Regulation 2017 - United States

Describe, in general terms, the key commercial aspects of the oil sector in your country. The US oil industry is divided into three sectors: upstream (exploration and production), midstream (processing, storage and...more

Trump to Nominate Kevin McIntyre as FERC Chairman

by Pierce Atwood LLP on

Last week, President Donald Trump announced his intention to nominate Republican Kevin J. McIntyre to be the Chairman of the Federal Energy Regulatory Commission (FERC). FERC has been operating without a quorum since the...more

Court Limits FERC’s Authority to Direct Modifications Under Section 205

by Morgan Lewis on

The court reaffirms that when reviewing a utility’s filing under Section 205, FERC may not “transform the proposal into an entirely new rate.”...more

DC Circuit Vacates FERC Order on PJM's Capacity Market

by Stinson Leonard Street on

Decision limits FERC's ability to modify rate proposals - In an opinion issued on July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held that Section 205 of the Federal Power Act "does not allow...more

The D.C. Circuit shows the way through the red tape in pipeline permitting dispute

by Hogan Lovells on

On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental...more

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

by Stoel Rives LLP on

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

ITC Issuing Good Faith Offers in Livonia

by Clark Hill PLC on

ITC is continuing its program of expanding existing vegetation management rights in Livonia. ITC is moving its vegetation management program into new territory. I have represented property owners from whom ITC obtained...more

State Programs to Encourage Renewable Energy Are Constitutional (In Case You Were Worried)

Last week, the 2nd Circuit Court of Appeals affirmed a District Court decision rejecting a challenge to Connecticut statutes intended to encourage renewable energy development in Connecticut. It’s a critical win, not just...more

FERC Proposes Reforms to Large Generator Interconnection

by Williams Mullen on

Late in 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (Proposed Rule), which contemplates revising the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma...more

Trump to Nominate Richard Glick as FERC Commissioner

by Pierce Atwood LLP on

Last night, President Trump announced that he intends to nominate Richard Glick, the Democratic general counsel for the Senate Energy and Natural Resources Committee, as a FERC Commissioner, to fill Commissioner Honorable’s...more

FERC Underestimates its Authority: Recoupment vs. Refund of Unjust & Unreasonable Rates

by Moore & Van Allen PLLC on

The Federal Energy Regulatory Commission (FERC) has the authority to order a public utility to refund to its customers rates that FERC determines to be unjust and unreasonable. But what if FERC later determines that the...more

NY energy storage bill would launch program

by PretiFlaherty on

The New York legislature has unanimously passed a bill establishing an energy storage deployment program. The bill, S. 5190, aims to promote the installation of energy storage systems. ...more

FERC Staff Questions Wind Farms on Calculation of PURPA’s One-Mile Rule

On June 9, 2017, Beaver Creek Wind II, LLC and Beaver Creek Wind III, LLC (together, “Beaver Creek”) responded to a deficiency letter from the Federal Energy Regulatory Commission (FERC or the “Commission”) staff seeking...more

FERC Conditional Approval of Natural Gas Pipeline Consistent with Clean Water Act Sequencing Requirements

by Moore & Van Allen PLLC on

In the midst of the U.S. energy boom, the expansion and modernization of the nation’s energy infrastructure has been a priority. The ramp up in shale natural gas production has spurred investments in pipeline projects,...more

Energy Efficiency Resources — the Latest Battleground in FERC-State Jurisdictional Conflicts

by Cozen O'Connor on

The goals of restructured wholesale electric markets often conflict with state electric goals. In 2016, the U.S. Supreme Court addressed two of these conflicts; (1) regulation of demand response; FERC v. Electric Power Supply...more

Rover pipeline HDD spill investigation

by PretiFlaherty on

Federal energy regulators overseeing the development of a new interstate natural gas pipeline have announced the opening of an investigation, following the inadvertent release of about 2 million gallons of drilling fluid from...more

NERC Issues Recommendations on Inverter-related Solar Outages

by Morgan Lewis on

Inverter disconnect events increasingly pose a reliability risk with the growth of solar generation. On June 8, the North American Electric Reliability Corporation (NERC) released its report on the loss of 1,200 MW of solar...more

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

Forest City dam, Maine legislation, and FERC surrender

by PretiFlaherty on

Maine Governor Paul LePage has proposed legislation that would authorize the state to take over ownership of a dam and water storage project on the U.S.-Canada border. As initially printed on June 1, 2017, LD 1626 would be...more

Senate Committee Votes "Yea" on FERC Nominees

by Pierce Atwood LLP on

The Senate Energy and Natural Resources Committee just voted on the nominations of Neil Chatterjee and Rob Powelson to be FERC Commissioners. ...more

FERC’s Certificate Order Did Not Violate CWA Sequencing Requirements

Many large and complicated construction projects require the issuance of several differed permits having different requirements. Courts strive to interpret their requirements in a rational and reasonable manner. On May 23,...more

What’s New in Washington: 10 Things You Need to Know

Despite the headlines coming out of Washington, Congress continues to move forward in regular fashion, discussing and acting upon key issues, such as funding the government, addressing the need to raise the debt ceiling and...more

FERC Invites Comments on State Energy Policy Technical Conference

On May 1 and 2, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference to “discuss the interplay between state policy goals and the wholesale markets”1 operated by the three...more

D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

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