Federal Energy Regulatory Commission

News & Analysis as of

FERC Proposes Creating Frequency Response Market

The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Proposed Rulemaking proposing to revise its regulations to foster competition in the sale of primary frequency response service.  FERC seeks comments...more

FERC Technical Conferences Examining EPA Clean Power Plan Are Underway

At the close of 2014, the Federal Energy Regulatory Commission (“FERC”) announced that it would hold a series of technical conferences to examine issues surrounding compliance with the Clean Power Plan proposed by the U.S....more

The Clean Power Plan: A View from FERC, Part II - Infrastructure

Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last Thursday, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore...more

The Clean Power Plan: A View from FERC

It is innocuous enough: Conference on Environmental Regulations; but the plainness of title belies what is going on at the Federal Energy Regulatory Commission today. Today is the first public forum at FERC on EPA's Clean...more

Energy & Environment Update - February 2015 #3

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

Energy Industry News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Department of the Interior opens areas for oil and gas drilling through...more

Summary of FERC Meeting Agenda - February 2015

In This Issue: - Administrative Items - Electric Items - Gas Item - Hydro Items - Excerpt from Hydro Items: H-1: Boyce Hydro Power, LLC (Project No. P-2785-089): On October 15, 2014, the...more

The D.C. Circuit Clarifies the Timing for Filing Petitions for Review of FERC Orders

At the end of January, the D.C. Circuit denied rehearing en banc in Smith Lake Improvement and Stakeholder Association v. FERC.  Smith Lake clarified when a party denied rehearing at the Federal Energy Regulatory Commission...more

FERC Eases EQR Filing Burden by Eliminating E-Tag ID Requirement

On February 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order on Rehearing of its Order No. 768, in which FERC expanded its Electric Quarterly Report (EQR) filing requirements by, among other things,...more

FERC Issues Order to Show Cause and Notice of Proposed Penalty for Alleged Market Manipulation in New England

On February 2, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order) directing Calgary-based Maxim Power Corporation and certain of its...more

"Emerging Issues in the Federal Regulation of Electricity Markets"

In 2015, the Federal Energy Regulatory Commission (FERC) will address many of the most serious challenges the electric industry faces in multiple proceedings that will be closely followed by industry participants. Those...more

FERC Protects a QF’s PURPA Right to Sell Net Output

On January 22, 2015, the Federal Energy Regulatory Commission (FERC) issued an order reaffirming a qualifying facility’s (QF) right to sell all of its net output to a utility under the Public Utility Regulatory Policies Act...more

FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers

The policy would impose greater scrutiny and controls on “transaction-related” costs that utilities commit not to pass through to ratepayers and would open the door to cost recovery for acquisitions driven by utility need....more

The Fate of Demand Response Hangs in the Balance

The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations. Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet...more

FERC Proposes Tighter “Hold-Harmless” Commitment Standards for Utility Mergers

The Federal Energy Regulatory Commission (FERC) is proposing to revise its standards for determining whether proposed utility mergers and other asset transfer transactions subject to its jurisdiction under Section 203 of the...more

FERC and EPA's Clean Power Plan

Following the U.S. Environmental Protection Agency's 2014 proposal to regulate carbon emissions from electric power plants and other major sources, federal energy regulators have scheduled a series of public technical...more

FERC Issues Proposed Policy Statement on “Hold Harmless” Commitments in Federal Power Act Section 203 Proceedings

The Federal Energy Regulatory Commission (FERC) last week issued a proposed policy statement to clarify FERC’s allowance of “hold harmless” commitments in applications filed under Section 203 of the Federal Power Act (FPA)....more

Natural Gas Pipeline Permitting Reform Act

Last week, the U.S. House of Representatives voted to pass a bill to expedite federal review of some spects of proposed natural gas pipelines. Known as H.R. 161, the Natural Gas Pipeline Permitting Reform Act is officially...more

FERC issues EIS for Algonquin Incremental Market gas project

Staff of the Federal Energy Regulatory Commission have issued a final Environmental Impact Statement for a proposed natural gas transmission project connecting New York and New England. In that report, Commission staff found...more

Summary of FERC Meeting Agenda - January 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 22, 2015 meeting, pursuant to the agenda as issued on January 15, 2015. Agenda items E-6 and E-19 have not been summarized...more

Energy Newsletter - January 2015

In This Issue: - Mexico: E&P Regulator Issues First Call for Bids under Round One - Have the Challenges of the Energy Transition been Overcome? - Challenges for energy security in Europe: Do European...more

The “LNG Permitting Certainty and Transparency Act”— A Positive Step Toward Expediting U.S. LNG Export Projects

Restrictive regulations and permitting processes that operate at glacial speed (as opposed to market speed) pose the primary hurdles to greater U.S. exports of liquefied natural gas (LNG). In response to a chorus of...more

Commentors Disagree on FERC's Proposal to Change the Gas Day Start Time

Comments filed with the Federal Energy Regulatory Commission (FERC) in late November show that the natural gas and electric power industries continue to disagree fundamentally on FERC's proposal to promote greater...more

Uncertainty Surrounding Demand Response Continues into the New Year

Many issues facing FERC in 2014 have carried over to 2015. Topping the list is the uncertain future of demand response in wholesale electricity markets. Demand response’s future hinges on decisions at FERC, in the federal...more

FERC Approves Four MISO Market Manipulation Settlements

On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more

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