Federal Energy Regulatory Commission

News & Analysis as of

Two Federal Lawsuits Challenge the Constitutionality of the Exelon Nuclear Bailout Legislation

On February 14, 2017, two lawsuits were filed in federal court in Chicago challenging a key provision of sweeping energy legislation known as the Future Energy Jobs Bill ("FEJB"). The FEJB was passed by the Illinois General...more

Summary of FERC Meeting Agenda for February 2017

On February 8, 2017, the Federal Energy Regulatory Commission issued a press release cancelling the monthly meeting to be held in February. Additionally, FERC stated that all forthcoming monthly meetings are pre-emptively...more

Riding Currents into New Markets: What Power Generation Developers and Contractors Should Watch Out For

The CPV St. Charles Energy Center, a new 725 MW combined-cycle gas power plant in Maryland, went online earlier this month. The U.S. Supreme Court analyzed federal preemption with respect to state regulation of power...more

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

Renewable Energy Update - February 2017 #2

Renewable Energy Focus - Renewables made up majority of new U.S. capacity in 2016 - Solar Industry Magazine - Feb 6 - Renewable energy dominated new U.S. electrical generation put into service during...more

Carbon Pricing Update: ISO-NE and NYISO Look to Gain Ground in 2017

Since our December update, ISO New England (ISO-NE) and New York Independent System Operator (NYISO) stakeholders have convened additional meetings to assess potential reforms to their respective wholesale electricity markets...more

Energy Insider Interview Series: David McCurdy, CEO, American Gas Association

Ed Hild: Let’s talk a little bit about the new Presidential administration and what impact it might have on the gas industry. Throughout the campaign, President Trump spent a lot of time talking about relaxing regulations on...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Department of Energy Raises Concerns on Cybersecurity for Grid

The U.S. Department of Energy has raised serious concerns regarding cybersecurity vulnerabilities within the U.S. energy grid in its Quadrennial Energy Review. Chapter IV of the Review (which begins on its 272nd page)...more

FERC Proposes Specifics on Allocating Real-Time Uplift to Deviations and More Information on Uplift

At its January meeting, the FERC issued a Notice of Proposed Rulemaking (NOPR) proposing (1) specific processes for allocating real-time uplift costs from deviations to market participants and (2) providing more information...more

No Quorum at FERC may Affect Ability to Consummate Dispositions of Jurisdictional Assets and Issuances of Debt

At the close of business on Friday, February 3, 2017, the Federal Energy Regulatory Commission (FERC) lost its legal quorum of three members when its former Chair, Norman Bay, resigned his post as a FERC Commissioner. Earlier...more

Facing a Potentially Lengthy Non quorum Period, FERC Delegates Further Authority to Its Staff

On February 3, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order (the “Delegation Order”) delegating “further authority” to its staff—beyond the existing delegations of authority...more

FERC Enforcement Actions After Chairman’s Abrupt Exit and Lack of Quorum

Matt Connolly, a senior associate in Nutter’s Litigation Department, evaluated Federal Energy Regulatory Commission (FERC) enforcement actions in the wake of Chairman Norman Bay’s resignation in Nutter Insights. Matt...more

What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by...more

FERC Faces Unprecedented Lack of Quorum After Commissioner’s Departure

Commissioner resignation leaves agency without quorum necessary to issue major orders including approvals of natural gas pipeline permits and contested mergers. Key Points: ..Federal Energy Regulatory Commission is...more

FERC Revises Delegation Authority While It Lacks a Quorum

Today is Commissioner Norman Bay’s last day on the job at the Federal Energy Regulatory Commission (FERC), which means that on Monday, FERC will no longer have the quorum of 3 commissioners that is necessary for it to do much...more

FERC Orders Midwest Energy Markets to Be Opened to Energy Storage

The Federal Energy Regulatory Commission (FERC) has taken another important action to open energy markets to energy storage facilities. In November 2016, FERC released a Notice of Proposed Rulemaking (NOPR) to consider issues...more

FERC Approves Largest Enforcement Settlement in Nearly Four Years

On February 1, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) approved a settlement agreement between its Office of Enforcement (Enforcement) and GDF SUEZ Energy Marketing NA, Inc. (GSEMNA)...more

"FERC Could See Substantial Changes Under President Trump"

The Federal Energy Regulatory Commission (FERC) is a somewhat obscure and highly technical agency that was not discussed specifically during President Donald Trump’s campaign. Its regulatory footprint is, however,...more

Energy Update - February 2017

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please...more

The Trump Energy Agenda - The Early Days of President Trump and Secretary of Energy - Designee Rick Perry

What has happened since President Trump was inaugurated? - In one of his first executive actions, President Trump has placed a freeze on new government hires (excepting the military). Based on information from Trump...more

FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more

Resignation of FERC Chairman Brings Uncertainty in Commercial Transactions While Commission Is Without a Quorum

On February 3, 2017, Chairman Norman Bay will resign from the Federal Energy Regulatory Commission (FERC), leaving the five-member independent commission without a sufficient quorum to conduct official business. Prior to...more

FERC 2-year licensing pilot workshop

The regulatory process for Federal Energy Regulatory Commission licensing of hydropower projects can take many years and significant expense -- but can it be improved following a two-year pilot process ordered by Congress? ...more

Can Electric Storage Resources Collect Both Cost-Based and Market-Based Revenue?

The short answer is: yes, with a few caveats. On January 19, 2017, the Federal Energy Regulatory Commission (“FERC”) issued a policy statement that, under appropriate circumstances, electric storage resources may...more

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