News & Analysis as of

FERC Commissioner Moeller Convenes Public Meeting Focusing on Resolving Natural Gas Supply Challenges for Electric Generators

Commissioner Philip Moeller of the Federal Energy Regulatory Commission (FERC) held a public meeting on September 18, 2014 to discuss ideas to facilitate and improve the way in which natural gas is traded and to explore the...more

FERC Issues Declaratory Orders in Shell and Pivotal Proceedings Related to LNG Production Facilities

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

Recent FERC Orders Address the Jurisdictional Status of LNG Facilities Targeting Vehicular Fuel, Marine, High Horsepower Engine...

North America’s new-found wealth in natural gas is driving energy industry participants to seek out new markets for the suddenly abundant fuel. Among these are markets for vehicular and marine fuels, other applications...more

Energy Newsletter - September 2014

In This Issue: - Natural Gas Imports into China – Prospects for Growth - Obrascon Huarte Lain SA v Her Majesty's Attorney General for Gibraltar: A rare look at the FIDIC form of contract - D.C. Circuit...more

The Future of Liquefied Natural Gas (LNG) Exports under the Department of Energy’s Revised Review Process

During the last two years, we have seen the U.S. Department of Energy (“DOE”) pick up the pace in granting conditional authorizations for companies to export liquefied natural gas (“LNG”) to countries that do not have a Free...more

Environmental Impact Analysis Required for Natural Gas Facilities Clarified in Court Decision Denying Residents’ Challenge to...

A New York town’s challenge to the Federal Energy Regulatory Commission’s (FERC) siting authorization for a natural gas pipeline compressor station was rejected by the U.S. Court of Appeals for the D.C. Circuit in Minisink...more

Capital Thinking: Energy

DOT PUBLISHES NOTICE OF PROPOSED RULEMAKING FOR NEW RAIL SAFETY STANDARDS - On Wednesday, July 23, the Department of Transportation (DOT) released a proposed rule designed to enhance the transportation safety of oil...more

NAESB to Seek Industry Comments on Proposed Modified Standards Prepared in Response to FERC Gas-Electric Coordination NOPR

The Notice of Proposed Rule Making re: Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities (Docket No. RM14-2-000) (“NOPR”) issued by the Federal Energy Regulatory Commission...more

FERC Proposes New Regulations on Priority Rights and Access to Generator Interconnection Facilities

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) on open access and priority rights with regard to Interconnection Customer’s Interconnection Facilities (ICIF)....more

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 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 non-public...more

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

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 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

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

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

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

DOE proposes major changes to LNG export rules, comments due July 21

The US Department of Energy is proposing to change its rules and procedures for reviewing applications to export liquefied natural gas (LNG) to countries that do not have a free trade agreement with the US (non-FTA...more

DOE Announces Fundamental Shift in LNG Export Authorization Policy

On Thursday, 29 May 2014, the U.S. Department of Energy (“DOE”) announced a proposed change to the procedures it will use to process applications to export LNG to non-free trade agreement (“non-FTA”) countries. This is a...more

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

Natural Gas & Electric Industry Coordination Efforts Advance Through NAESB Gas-Electric Harmonization Forum After Recent FERC...

The natural gas and electric industries have been a buzz since the Federal Energy Regulatory Commission (“FERC”) issued its March 20, 2014 Orders focused on improving the coordination and scheduling of natural gas pipeline...more

DOE Proposes New Procedures for LNG Export Authorizations

Yesterday, the United States Department of Energy (DOE) issued proposed new procedures for liquefied natural gas (LNG) export decisions. The proposal applies only to applications to export LNG from the Lower-48 states to...more

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