Federal Energy Regulatory Commission

News & Analysis as of

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more

Energy Newsletter - July 2014

In This Issue: - Russia's Second Renewable Energy Auction Gives Both Glimmer of Hope and Cause for Concern - Tanzania Publishes First Draft of a Long-Awaited Local Content Policy - New York's Highest...more

Déjà Vu, All Over Again: Seventh Circuit Again Remands PJM’s Cost Allocation Methodology for New, High-Voltage Transmission...

On June 25, 2014, the U.S. Court of Appeals for the Seventh Circuit, with Judge Richard A. Posner writing for himself and Judge John Daniel Tinder, granted petitions for review of Federal Energy Regulatory Commission (FERC)...more

D.C. Circuit Rules that FERC May Not Segment Its Evaluation of the Environmental Impact of Related Natural Gas Pipeline...

The D.C. Circuit Court of Appeals recently issued an opinion holding that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA) when it segmented its evaluation of the...more

FERC Initiates Proceeding to Evaluate Price Formation

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) initiated a proceeding with the aim of evaluating price formation issues in the wholesale energy and ancillary services markets. The new initiative comes in...more

FERC Conditionally Accepts CAISO and PacifiCorp Proposals to Implement a Regional Energy Imbalance Market in Western States

On June 19, 2014, the Federal Energy Regulatory Commission (“FERC” or “Commission”) conditionally accepted revisions to the California Independent System Operator Corporation’s (“CAISO”) FERC Electric Tariff to implement the...more

FERC Proposes to Eliminate Burdens in Its Market-Based Rate Program

Proposed changes to the program intend to simplify administration, improve transparency, and eliminate unnecessary filing requirements. The Federal Energy Regulatory Commission (FERC or the Commission) introduced a set...more

FERC Adopts New Methodology to Determine Electric Utility ROE

In a long-awaited decision, the Federal Energy Regulatory Commission on June 19, 2014, revised its methodology for determining the rate of return on common equity (ROE) used to establish cost-based rates of public utilities...more

Capital Thinking: Energy

LEGISLATIVE ACTIVITY - SENATE ENR COMMITTEE VOTES TO APPROVE FERC NOMINEES, KEYSTONE XL BILL - On Wednesday, June 18, the Senate Energy and Natural Resources (ENR) Committee held a business meeting in executive...more

FERC Changes Electric Utility Return-on-Equity Calculation

The Commission’s order applies the same methodology used for natural gas and oil pipeline return on equity and discards the former one-step calculation in favor of a two-step calculation that uses short- and long-term growth...more

D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This...more

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

Tennessee Gas Decision: Oil & Gas Implications

On June 6, 2014, the U.S. Court of Appeals for the DC Circuit ruled that the FERC violated the National Environmental Policy Act (NEPA) by improperly "segmenting" its NEPA analysis of a four-part upgrade to Tennessee Gas...more

FERC Announces New Approach for Determining the Return on Equity for Electric Utilities

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531, an order affirming in part and reversing in part an administrative law judge’s August 2013 Initial Decision concerning a complaint...more

FERC Stakes Out New Position on Return on Equity - Votes Out Major Orders Affecting Electric Utility Rate of Return...

The Federal Energy Regulatory Commission today issued a series of orders that collectively represent a significant change to its policy on utility rate of return on equity and will reshape the landscape for electric...more

D.C. Circuit to FERC: Environmental Review of “Related” Pipeline Expansion Projects Must Consider Cumulative Effects, Even After...

On June 6, 2014, the U.S. Court of Appeals for the District of Columbia issued a decision in Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, that could significantly impact efforts to expand...more

Summary of FERC Meeting Agenda - June 2014

In This Issue: - Administrative Items - Electric Items - Miscellaneous Item - Gas Items - Hydro Items - Certificate Items Excerpt from Electric Items: E-3: Duke Energy Carolinas, LLC and...more

Update Regarding D.C. Circuit’s Demand Response Ruling

Electric Power Supply Ass'n v. FERC - On June 11, 2014, FERC announced that it will seek en banc review of the D.C. Circuit’s May 23, 2014 decision striking down Order No. 745, FERC’s demand response regulation. In...more

FERC Issues Notice of Alleged MISO Market Manipulation

On June 12, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a formal, nonpublic...more

FERC Seeks en banc Review of D.C. Circuit’s Demand Response Decision

On June 11, 2014, Acting FERC Chair Cheryl LaFleur announced that FERC will seek rehearing en banc of the May 23rd, 2014, decision of the D.C. Circuit that vacated FERC’s controversial rulemaking on demand response...more

DOE Proposes to Alter Its Review Process for LNG Export Applications

The United States Department of Energy (DOE) recently announced that it proposes to revamp the order in which it will process applications to export liquefied natural gas (LNG). The DOE also stated that it will conduct a...more

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

Business Litigation Report -- May 2014

In This Issue: - Main Article: ..Cloud Computing Is a Hot Topic… in Business and the Courtroom - Noted With Interest: ..Garlock: Lifting the Veil on Asbestos Trust Claims - Practice Area...more

DOE Proposes "Environment First" Prioritization for LNG Export Review

On May 29, 2014, the Department of Energy proposed a new approach to conducting its reviews of proposed projects to export liquefied natural gas (LNG) to non-FTA countries. The new approach could slow the approval process at...more

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