Federal Energy Regulatory Commission

News & Analysis as of

2014 FERC Enforcement Report Emphasizes Internal Compliance Procedures, Self-Reporting, and Importance of Cooperation

The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (Enforcement) 2014 Report on Enforcement (Report), issued on November 20, 2014, provides an overview of and statistics regarding FERC’s enforcement...more

Managing a FERC audit

What happens when the Federal Energy Regulatory Commission audits a public utility? The Federal Energy Regulatory Commission has jurisdiction over interstate transmission of electricity, natural gas, and oil, as well...more

Recent Regulations Prompt Revamped FERC Pipeline Cost-Recovery Policy

FERC proposes to establish a framework that allows pipelines to use surcharge or tracker cost-recovery mechanisms to accelerate system improvements associated with new safety and environmental compliance regulations....more

FERC Issues Proposed Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities

On November 20, the Federal Energy Regulatory Commission (Commission) issued a Proposed Policy Statement on cost recovery mechanisms, such as trackers or surcharges, that pipelines may use to recoup infrastructure...more

Southwest Power Pool to expand

The Federal Energy Regulatory Commission has largely accepted a proposal to expand the geographic footprint of the Southwest Power Pool, a regional power market that will soon include a significant portion of the Upper Great...more

Energy & Environment Update - November 2014 #2

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

Summary of FERC Meeting Agenda - November 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Excerpt from Hydro Items: H-1: Hydraco Power, Inc. and Warren David Long (Docket No. P-12588-010) - On...more

Setting fees for use of federal dams

Federally owned dams and other structures can create opportunities for private development of hydropower facilities, in exchange for a fee. While fees charged to hydropower developers for using federally owned dams will...more

NYC tidal energy project in question

The future of a proposed New York City tidal energy project is in question. New York Tidal Energy Company's (NYTEC) East River Tidal Energy Pilot Project would be located in the East River at Hell Gate, in New York City, New...more

The Fate of FERC Demand Response Order No. 745: Efforts to Adapt While the Judicial and Complaint Processes Play Out

Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings. The appeals process and...more

FERC considers Physical Security Reliability Standard

Federal energy regulators are considering a new national standard for protecting the physical security of the U.S. electric grid. Given the importance of electric reliability and concern over terrorist attacks and sabotage,...more

Energy Newsletter - November 2014

In This Issue: - First AIPN Model Contract for Unconventional Resource Operations - A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v...more

NH conduit hydropower project approved

Federal regulators have determined that a proposed hydropower facility at a New Hampshire wastewater treatment plant can be built without a license, under a recently enacted law. The Federal Energy Regulatory Commission...more

FERC Issues Declaratory Order Disclaiming Jurisdiction Over Proposed CNG Facility

On September 19, 2014, FERC issued a declaratory order holding that it would not have jurisdiction under the Natural Gas Act ("NGA") over the construction or operation of a compressed natural gas ("CNG") facility that Emera...more

FERC Revokes MBR Authorization of 26 Suppliers for Delinquent EQRs

On October 30, 2014, the Federal Energy Commission issued an order revoking the market-based rate (“MBR”) authorization of twenty-six (26) retail suppliers for failure to timely file Electric Quarterly Reports (“EQRs”)....more

Sea level rise and coastal LNG terminals

Should federal agencies consider climate change and sea-level rise as they review the environmental impacts of liquefied natural gas terminals? Yes, according to letters recently filed with the Federal Energy...more

D.C. Circuit Grants Motion to Stay Issuance in Order No. 745 Cases

As we previously reported, on May 23, 2014, the D.C. Circuit vacated FERC’s Demand Response Order No. 745, holding that the order (1) exceeded FERC’s jurisdiction, and (2) was arbitrary and capricious, particularly in its...more

FERC’s Order 745 — Still In Effect For Now

The D.C. Circuit Court of Appeals has stayed its mandate vacating FERC Order no. 745, regarding demand response. The mandate is stayed at least until December 16, 2014, by which point FERC must petition the Supreme Court for...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

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

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

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