News & Analysis as of

Federal Energy Regulatory Commission

Fate of U.S. - Canada dam license in question

by PretiFlaherty on

The holder of the U.S. federal hydropower license for a dam spanning the international border with Canada border has petitioned for approval to surrender that license, citing economic considerations. At issue is the Forest...more

FERC Gets Another Round on Energy Storage

On April 13, the Energy Storage Association filed a complaint at the Federal Energy Regulatory Commission against PJM Interconnection, arguing that PJM’s recent changes to how it determines the benefit of a limited-energy...more

D.C. Circuit Tells FERC to Try Again on Utility Rates of Return

by Jones Day on

On April 14, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision that could cause short-term uncertainty for electric utilities, whose rates for transmission service, including the allowed rate of return,...more

"Southern District Decision Highlights Challenges for Private Litigants Pursuing Manipulation Claims Under the CEA"

The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging that Total, S.A., Total Gas & Power North America, Inc., and Total Gas & Power Limited (collectively, “Total”)...more

Trade Group Complains that PJM’s Frequency Regulation System Unduly Discriminates Against Energy Storage Resources

by K&L Gates LLP on

The Energy Storage Association (ESA) filed a complaint with the Federal Energy Regulatory Commission (FERC or Commission) alleging that PJM Interconnection, L.L.C. (PJM) has adjusted its system operations to unduly...more

Generator Receives Another Shot at Obtaining CAISO Congestion Revenue Rights

by Stoel Rives LLP on

On April 4, 2017 (NextEra Desert Center Blythe, LLC v. FERC, Case No. 16-1003 (“NextEra”)), the DC Circuit issued a decision remanding back to the Federal Energy Regulatory Commission (“FERC”) orders denying NextEra Desert...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

A Summary of Professor Jim Rossi’s Lecture on the “Federalism Battles in Energy Transportation”

by Liskow & Lewis on

At the Fourth Annual Liskow & Lewis Energy Law Lecture, Professor Jim Rossi of Vanderbilt Law delivered a presentation entitled “Federalism Battles in Energy Transportation.” To illustrate these conflicts in energy...more

FERC v. Barclays Bank PLC: The Latest on De Novo Review Under the FPA

by Pierce Atwood LLP on

In a March 30, 2017 order “in agreement with every other federal court that has expressly addressed this issue,” the court in FERC v. Barclays Bank PLC, (E.D. Cal., filed Oct. 9, 2013), held in an action FERC filed to enforce...more

DC Circuit Case May Test Continuing Validity of FERC Delegations of Authority to Agency Staff Once Its Quorum Disappeared

by Stinson Leonard Street on

On February 7 and March 7, 2017, we wrote about how the Federal Energy Regulatory Commission (FERC) is operating without a legal quorum of three members and how the lack of a quorum might affect the validity of FERC staff...more

Emerging technologies and the electric grid

by PretiFlaherty on

A task force examining the deployment of emerging technologies across the North American electric grid has identified three imperatives necessary to ensure the continued reliability and efficiency of the bulk electricity...more

Court Dismisses Complaint That FERC’s Regulatory Structure Is Biased In Favor Of Pipeline Applicants

On March 22, in the case of Delaware Riverkeeper Network, et al., v. FERC, the U.S. District Court for the District of Columbia dismissed the plaintiffs’ complaint that the statutory requirement that the Federal Regulatory...more

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

The Trump presidency is halfway through its first 100 days. The legislative and executive branches are under a unified Republican government for only the second time since the Eisenhower administration, and the GOP is seeking...more

Acting (and Potentially Permanent) CFTC Chairman Warns of “Aggressive and Assertive Enforcement Action by the CFTC Under the Trump...

In remarks before the International Futures Industry Conference, Acting Chairman J. Christopher Giancarlo—who was just nominated by President Trump to be permanent Chairman—talked about the future of the Commodity Futures...more

FERC Schedules Technical Conference on the Interaction Between State Energy Policies and FERC-Regulated Wholesale Electricity...

On March 3, 2017, Federal Energy Regulatory Commission (FERC or the “Commission”) staff scheduled a technical conference to discuss the interaction between state energy policy priorities for generation resources and resource...more

President Trump to Restore Quorum at FERC

by Davis Wright Tremaine LLP on

It has been widely reported that President Donald J. Trump is preparing to nominate three new commissioners to fill existing vacancies at the Federal Energy Regulatory Commission. The prospective nominees are Kevin J....more

FERC Enters the Trump Era - The agency announces staff-led Technical Conference as Trump administration expected to name new...

On Friday, March 3, 2017, the Federal Energy Regulatory Commission (FERC) made the much-anticipated announcement of its upcoming staff-led technical conference on wholesale energy and capacity markets. The conference...more

FERC to hold session on state policies, wholesale markets

by PretiFlaherty on

U.S. energy regulators have scheduled a two-day technical conference to consider how state energy policies affect wholesale electricity markets. In a March 3 notice of technical conference, the Federal Energy Regulatory...more

Energy Storage: Finding New Home with FERC Policy Statement and Notice of Proposed Rulemaking

The Federal Energy Regulatory Commission (FERC) has taken steps over the past few months to address integration of electric storage into the market. In November 2016, FERC issued a Notice of Proposed Rulemaking (NOPR) to...more

Energy Infrastructure Projects Still Face Challenges after Trump Administration Executive Orders

The Trump administration promises to streamline the regulatory process, dismantle burdensome regulations, and promote domestic job growth. On January 24, 2017, President Trump issued an executive order and four presidential...more

Challenge Issued to Legality of FERC's Delegation Order

by Stinson Leonard Street on

The Federal Energy Regulatory Commission's (FERC) February 3, 2017 "delegation order" that was issued on the last day it had a quorum was the topic of a recent alert. The order, as we noted, aimed to preserve and expand the...more

FERC Issues Updated Guidance Manual for Environmental Report Preparation Under the Natural Gas Act

by Dorsey & Whitney LLP on

Last week, the Federal Energy Regulatory Commission (FERC) issued an update to its Guidance Manual for Environmental Report Preparation for Applications Filed Under the Natural Gas Act. The updated guidance follows a Notice...more

Has Former FERC Chairman and Commissioner Norman Bay Made the Case for Changing the Commission's Gas Pipeline Certificate Process?

by Dentons on

Former Chairman and Commissioner Norman Bay gave the natural gas industry a surprise his last day at the Federal Energy Regulatory Commission ("FERC" or "Commission"), February 3, 2017, in opening a debate about whether the...more

Who Would Face Liability For Oroville Dam Management?

On Feb. 12, 2017, the Butte County, California, sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency...more

FERC and CPUC Approve Utilities’ Innovative Request to Own a 50 MW Solar Project in Partnership with a Tax Equity Investor

by Davis Wright Tremaine LLP on

For the first time, a regulated electric utility, Liberty Utilities (CalPeco Electric) LLC (“Liberty”), recently obtained all state and federal regulatory approvals to partner with a tax equity investor to acquire, own, and...more

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