Federal Energy Regulatory Commission

News & Analysis as of

Energy & Environment Update - October 2015

Energy and Climate Debate - With Congress avoiding a government shutdown by passing a continuing resolution last week, both the House and Senate are in session this week with full schedules, including several energy and...more

House of Representatives Pulls the Plug

Just when they thought they had a deal…there was no deal! Energy and Commerce Chairman Fred Upton (R-MI) and Ranking Member Frank Pallone (D-NJ) initially thought a compromise could be reached for a broad bipartisan energy...more

FERC Commissioner Philip Moeller Announces Plans to Depart Agency Later This Month

Commissioner Philip Moeller of the Federal Energy Regulatory Commission (FERC) this afternoon announced his intention to leave FERC at the end of October 2015. Although Moeller’s term expired in June 2015, he was allowed to...more

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting

The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy Regulatory Commission (FERC) in a wide range of interactions with the public and other...more

Energy & Environment Update - September 2015 #4

ENERGY AND CLIMATE DEBATE - After a busy week with Yom Kippur and visits from Pope Francis and Chinese President Xi Jinping, Congress is focusing this week on finalizing a continuing resolution and preparing for new...more

FERC Takes Modest Step Forward in RTO/ISO Price Formation

Taking the first formal step in its year-long effort to examine price formation issues in the wholesale energy and ancillary services markets operated by regional transmission organizations and independent system operators...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Supply and Demand Geographic Mismatch (Part 2 of 6)

The Problem: Supply and Demand Geographic Mismatch Because much of America’s renewable energy supply is inland and demand is on the coasts (about 52% of the U.S. population is coastal), demand cannot meet supply without...more

FERC Seeks to Expand Electricity Market Surveillance with New Data Reporting Requirements

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) to expand the obligations of Regional Transmission Organizations and Independent System Operators...more

To Aid Enforcement Issues, FERC Proposes Significant Expansion of Data Required from RTO and ISO Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed to significantly expand the types and amount of data that regional transmission organizations (RTOs) and independent system operators (ISOs)...more

Obama Administration Releases Infrastructure Permitting Guidance

On September 22, 2015, the White House, through the Office of Management and Budget (OMB) and the Council on Environmental Quality (CEQ), issued guidance to the heads of certain federal departments and agencies (the Agencies)...more

FERC NOPR Seeks Access to Additional Electric Reliability Data

At its September 17, 2015 Open Meeting, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a Notice of Proposed Rulemaking (“NOPR”) that would require the North American Electric Reliability Corporation...more

Pacific Northwest Utilities Seek Key FERC Declarations Regarding New Regional Market

Two weeks ago, a diverse group of electric industry entities in the Pacific Northwest filed a Petition for a Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to decide issues raised by establishing a...more

Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

FERC proposes to grant itself access to NERC’s Transmission Availability Data System, Generating Availability Data System, and Protection System Misoperations Database. On September 17, the Federal Energy Regulatory...more

FERC Meeting Agenda Summary - September 2015

In this issue: • Electric Items • Miscellaneous • Gas Items • Hydro Items • Certificates Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 17, 2015...more

9th Circuit Remands Two California Energy Crisis-Related Settlements for Reconsideration by FERC

On September 4, 2015, the U.S. Court of Appeals for the 9th Circuit issued an opinion remanding a series of Federal Energy Regulatory Commission (FERC) orders approving, with modifications, two settlements related to...more

FERC’s Office of Energy Projects Publishes Suggested Best Practices for Natural Gas Industry Stakeholder Outreach Programs

On July 28, 2015, following a marked increase in protests at Federal Energy Regulatory Commission (FERC) open meetings and outside FERC headquarters—which in one case to date resulted in the rescheduling of an open meeting to...more

7th Circuit Affirms FERC Finding That Wind Generators Are Responsible for Corrected Costs

On August 19, 2015, the United States Court of Appeals for the 7th Circuit denied two wind generators’ (“Generators”) petitions for review of various Federal Energy Regulatory Commission (FERC) orders assigning the corrected...more

Cross-border infrastructure and presidential permits

A recent report casts doubt on whether proposed federal legislation would actually accelerate decisions on the siting of cross-border energy infrastructure. Cross-border pipelines and electric transmission lines play an...more

Recent FERC Decision Provides Welcome News for Operators, Many Renewable Energy Generators

In late July, the Federal Energy Regulatory Commission (FERC) issued a ruling to help ISO-New England more effectively manage congestion on its grid due to growing renewable energy generation. Due to the intermittent nature...more

Block Island offshore wind celebrated, challenged

U.S. and Rhode Island officials recently celebrated the start of construction on the Block Island Wind Farm, which is on track to be the first commercial offshore wind farm in the U.S. The five-turbine, 30-megawatt project...more

Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

On August 13, 2015, a Federal Energy Regulatory Commission (“FERC” or “Commission”) Administrative Law Judge (“ALJ”) issued an initial decision in which she found that BP America Inc. et al. (“BP”) manipulated the natural...more

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

Bridging the Week - August 2015 #3

Hackers and Traders Charged by SEC and Department of Justice in International Securities Fraud Scheme - The computer servers of three major newswire companies were allegedly hacked as part of an elaborate illicit...more

9th Circuit Erects Statutory Standing Bar to Appeals Challenging FERC Section 211A Orders

On August 10, 2015, the United States Court of Appeals for the 9th Circuit, in Northwest Requirements Utilities v. FERC, denied several petitions for review of Federal Energy Regulatory Commission (FERC) orders requiring...more

FERC Reaffirms Filing Requirement For Jurisdictional Service Where No Compensation Is Received

The Federal Energy Regulatory Commission (FERC) recently issued an Order on Rehearing in Chehalis Power Generating, L.P., Docket No. ER05-1056-008, where it reaffirmed its October 17, 2013 finding that Chehalis Power...more

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