Federal Energy Regulatory Commission Electricity

News & Analysis as of

U.S. Supreme Court Invalidates Maryland Program that Supplements FERC-Approved Capacity Payments

In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the...more

FERC Staff Seeks Comments on Participation of Electric Storage Resources in Wholesale Electricity Markets

Last week, the Federal Energy Regulatory Commission (“FERC”) opened a proceeding in Docket No. AD16-20 for FERC Staff to consider a wide range of issues related to electric storage resources, including whether barriers exist...more

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

Australian Competition & Regulation Update - Misuse of Wholesale Electricity Market Power - US Class Action Proceeds

WHAT HAPPENED IN THE US? Class Action to proceed On 1 April 2016, a US District Court allowed a class action to proceed. The action was brought by Merced Irrigations District (Merced) against Barclays Bank PLC...more

The Supreme Court - April 2016 #3

The Supreme Court of the United States issued decisions in two cases on April 19, 2016: Hughes v. Talen Energy Marketing, LLC, No. 14-614: Congress, though the Federal Power Act (“FPA”), 16 U.S.C. §791a et seq., vested...more

FERC grid modernization session

U.S. federal energy regulators will convene on April 21, 2016 to discuss modernization of the nation’s electric power grid. Recent years have brought significant changes in technology and the ways we use energy. From...more

Long-Awaited Decision is a Mixed Result for Litigants Battling FERC Enforcement Actions in Federal Court

Individuals and organizations litigating the imposition of civil penalties by the Federal Energy Regulatory Commission (“FERC” or “Commission”) under its anti-manipulation authority in federal court received another opinion...more

FERC Announces Significant Opportunities for Energy Storage Providers

Energy Storage Participation in the Energy, Capacity, and Ancillary Services Markets On April 11, 2016, the Federal Energy Regulatory Commission (FERC) announced that it will expand its evaluation of ISOs/RTOs policies that...more

Electric storage and wholesale markets

As electric energy storage technology improves in capability and cost-effectiveness, what barriers exist to electric storage resources' participation in organized electricity markets in the U.S.? Staff of the Federal Energy...more

FERC Meeting Agenda Summary - March 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 17, 2016 meeting, pursuant to the agenda as issued on March 10, 2016. Agenda items E-5, E-13, E-14, E-16 and C-2 have not been...more

FERC Issues NOI on Whether All Generation Resources Should be Required to Provide Frequency Response Service

On Feb. 18, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on possible rule changes addressing the provision of primary frequency response service and compensation for those providing...more

Supreme Court Ruling Spurs Energy Storage Possibilities

On January 25, 2016, the Supreme Court issued a landmark decision (“Decision”) -- reversing the D.C. Circuit’s vacatur of Federal Energy Regulatory Commission (“FERC”) Order 745, which provides crucial market incentives for...more

Summary of FERC Meeting Agenda for February 18, 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 18, 2016 meeting, pursuant to the agenda as issued on February 11, 2016. Electric - E-1 – Pennsylvania Electric...more

2015 U.S. electric generation additions

Staff of the Federal Energy Regulatory Commission have released a report describing the portfolio of new or expanded electric power generation capacity built in the U.S. in 2015. FERC's Office of Energy Projects releases...more

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Supreme Court Affirms FERC Demand Response Authority

Last week, the Supreme Court handed down a ruling affirming that federal regulators may encourage large electricity users to reduce consumption at peak times in exchange for price breaks, a practice known as “demand...more

New Year, New Market-Based Rates Regulatory Regime

The new year has brought U.S. electricity markets participants an overhauled regulatory regime for market-based rates under section 205 of the Federal Power Act. The Federal Energy Regulatory Commission (“FERC” or...more

Renewable Energy Update - January 2016 #4

Renewable Energy Focus - The Verdict Is In: CPUC Preserves Net Metering In California - Solar Industry - Jan 28 In a 3-2 vote this morning, the California Public Utilities Commission (CPUC) issued its long-awaited...more

Good Law Catches Up With Good Policy: The Supreme Court Upholds FERC’s Demand Response Order

The Supreme Court today affirmed FERC’s Order No. 745, which required that demand response resources be treated the same as generation resources when participating in wholesale electricity markets. I’m feeling vindicated,...more

FERC Meeting Agenda Summary - January 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 21, 2016 meeting, pursuant to the agenda as issued on January 14, 2016. Agenda items E-9 and C-1 have not been summarized...more

FERC considers geomagnetic disturbance standards

U.S. energy regulators examining reliability standards for the electric transmission grid relating to geomagnetic disturbances have scheduled a technical conference for March 1, 2016. Geomagnetic disturbance, or GMD,...more

FERC Proposes Rule Clarifying Requirements for Market-Based Rate Sellers to Identify Owners and Affiliates

The Federal Energy Regulatory Commission (FERC) proposed on December 17, 2015, to amend its regulations to clarify the obligations of certain companies that sell electric energy to identify their owners and affiliates. This...more

FERC Confirms Regulatory Immunities for Private Equity Investors and Funds

Passive limited partner investors in private equity funds that make FERC-regulated investments are not themselves subject to FERC’s corporate regulatory regime. Those that own interests in businesses that sell...more

FERC 2015 report on demand response, advanced metering

Staff of the Federal Energy Regulatory Commission have released their tenth annual report on demand response and advanced metering. The FERC staff report, 2015 Assessment of Demand Response and Advanced Metering, provides an...more

FERC Meeting Agenda Summary - December 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s December 17, 2015 meeting, pursuant to the agenda as issued on December 10, 2015. Agenda item E-2 has not been summarized due to...more

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