News & Analysis as of

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

FERC Sets Enforcement Case Against BP for Hearing, Takes Expansive View of Jurisdiction to Enforce Anti-Manipulation Rule

In an order issued on May 15, 2014 that takes a broad view of its jurisdiction over conduct that allegedly violates the Natural Gas Act’s (NGA) prohibition against market manipulation, the Federal Energy Regulatory Commission...more

FERC Enforcement Chief Norman Bay Testifies Regarding FERC’s Energy Market Oversight and Enforcement Authority and Approach

On January 15, 2014, Norman C. Bay, Director of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC), testified before the U.S. Senate Banking, Housing, and Urban Affairs Subcommittee on Financial...more

This Week In Securities Litigation (The week ending January 10, 2014)

The insider trading trial of former SAC Capital official Matthew Martoma opened this week in Manhattan with jury selection. The SEC announced the resignation of George Canellos, Co-director of the Division of Enforcement....more

“Red Flags” Of Market Manipulation And Effective Compliance Programs

Last week current and former supervisory personnel in the Enforcement Divisions of the Commodity Futures Trading Commission and Federal Energy Regulatory Commission spoke – at an Energy Bar luncheon – about (1) the “red...more

Exelon Corporation Settles FERC Enforcement Action

On October 18, 2013, the Federal Energy Regulatory Commission (“Commission”) approved a Stipulation and Consent Agreement between the Office of Enforcement (“Enforcement”) and Exelon Corporation (“Exelon”) to resolve an...more

Energy Law Alert: FERC Directs NERC To Deregister South Louisiana Electric Cooperative As Distribution Provider And Load Serving...

On Thursday, the Federal Energy Regulatory Commission resolved a two-year-old dispute concerning whether South Louisiana Electric Cooperative was appropriately listed on the NERC Compliance Registry and therefore subject to...more

CFTC (And FERC) Compliance Managers Take Note – CFTC Schedules Vote On Final Interpretation Of Disruptive Trading Practices

At its open meeting on May 16, 2013, the Commodity Futures Trading Commission will vote on the final interpretative rule for disruptive trading practices under Section 747 of the Dodd-Frank Act. That order should be of...more

Emerging Policy on NERC Compliance for Generator Interconnections

The ongoing struggle to determine how and when generator interconnection facilities should be subject to the North American Electric Reliability Corporation’s (NERC) rules governing transmission owners and transmission...more

Energy Alert: FERC Hits Entergy Hard For Violations Of NERC Reliability Standards: Orders $975,000 Penalty

On March 28, 2013, the Federal Energy Regulatory Commission issued an Order Approving Stipulation and Consent Agreement between FERC's Office of Enforcement and Entergy Services, Inc. The Agreement settles an investigation...more

Natural Gas Market Participants Oppose Proposed FERC Transparency Changes

A broad cross-section of natural gas market participants expressed significant opposition to a proposal by the Federal Energy Regulatory Commission (FERC) to require increased reporting of natural gas transactions. In...more

FERC Issues Policy Statement Clarifying Requirements for Capacity Allocation for Merchant Transmission Projects

On January 17, 2013, the Federal Energy Regulatory Commission (FERC) issued its Final Policy Statement regarding the allocation of capacity on new merchant and non-incumbent, cost-based, participant-funded transmission...more

New Reliability Compliance Opportunities in 2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

FERC Issues Report Discussing Office of Enforcement Audit of Rockies Express Pipeline LLC

The Federal Energy Regulatory Commission issued an Audit Report on November 29, 2012 summarizing the audit of Rockies Express Pipeline LLC performed by the Office of Enforcement’s Division of Audits (Docket No. PA11-5-000)....more

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