ISOs

News & Analysis as of

CFTC Issues Proposed Order to Exempt Certain SPP Transactions from Regulation Under Most Provisions of the CEA and CFTC Rules

On May 19, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued an order in response to an application from Southwest Power Pool, Inc. (“SPP”) proposing to exempt three categories of SPP transactions...more

ISO-NE projects slow growth in electricity demand

New England's electric grid operator predicts slow growth in annual energy usage in the region over the next decade, with slightly quicker growth in peak demand....more

What Did April Bring?: FERC Extends Out-of-Market Reliability Measures but Wants Market-Based Solutions

The Federal Energy Regulatory Commission (“FERC”) recently published two orders that approved capacity and reliability measures for the Independent System Operator New England Inc. (“ISO-NE”) and the New York Independent...more

Truthful . . . but Not Forthcoming? FERC Staff Takes Aggressive View of Material Omissions as Basis for Intent in Maxim Power

Recent positions taken by FERC’s Enforcement Staff in the Maxim Power show cause proceeding add to the uncertainty regarding what information market participants must volunteer when communicating with the Commission,...more

FERC 2014 State of the Markets report

U.S. energy markets overseen by the Federal Energy Regulatory Commission in 2014 were impacted by extreme weather and changes in the mix of electric generation resources, according to a report by Commission staff....more

Advertising Law - March 2015 #3

Response To FCC’s New Net Neutrality Regs Anything But Neutral - In a split vote, the Federal Communications Commission approved a new net neutrality measure that would ban fast lanes and re-label broadband as a...more

FERC Denies Rehearing of Opinion No. 531

On March 3, 2015, the Federal Energy Regulatory Commission (“FERC”) issued Opinion No. 531-B, an order denying rehearing of Opinion No. 531. Opinion No. 531 involved a challenge to the New England Transmission Owners’...more

The Clean Power Plan: A View from FERC, Part IV - Economic v. Environmental Dispatch, Please

It’s been a long winter in my neck of the woods and not because Punxsutawney Phil saw his shadow. Pipes froze. Twice. Furnace was out overnight. Broke three shovels. So I had a particular interest this past Wednesday,...more

A View from the FERC - Part III - Time to Keep the Lights On

Last week, FERC held the eastern regional technical conference on “Environmental Regulations and Electric Reliability, Wholesale Electricity Markets, and Energy Infrastructure.” The purpose was for the commissioners to hear...more

ISO’s Cloud Privacy Standard: A Guide for Lawyers’ “Reasonable Efforts” to Protect Client Information

Rule 1.1 of the Model Rules of Professional Conduct requires that all lawyers provide “competent representation to a client.” In August 2012, the ABA added new language to Model Rule 1.1, comment 8: To maintain the...more

Alert: No Big Surprises: The FCC Releases its Network Neutrality Order

Today, the FCC released its 400-page report (including 80 pages of dissents from the two Republican commissioners) in the network neutrality proceeding. Despite speculation that some of the rules might not have been revealed...more

ISO and RTO Responses to FERC Data Requests Fail to Provide Clear Support for Proposed Gas Day Rulemaking

The Federal Energy Regulatory Commission (FERC) recently employed the somewhat unusual device of issuing data requests to electric power industry participants in an attempt to obtain information that might support a...more

Energy Storage Conference Offers Lessons Learned and Path Forward

The “Storage Week 2015? summit held in San Diego, CA this week brought together policymakers, regulators, electric utility executives, system vendors, consultants, and other stakeholders to discuss the remarkable progress...more

Court Finds CFTC RTO/ISO Exemptive Order Bars CEA § 22 Private Right of Action, but More to Come from the CFTC

Can private litigants bring claims under the Commodity Exchange Act alleging manipulation in ERCOT’s energy markets? On February 3, the U.S. District Court for the Southern District of Texas answered “no,” granting...more

The Fate of Demand Response Hangs in the Balance

The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations. Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet...more

Summary of FERC Meeting Agenda - January 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 22, 2015 meeting, pursuant to the agenda as issued on January 15, 2015. Agenda items E-6 and E-19 have not been summarized...more

Employers: 2015 deadlines approach to furnish incentive stock option and employee stock purchase plan information statements and...

Section 6039 of the Internal Revenue Code requires a corporation to furnish a written statement to any employee or former employee who either (i) exercised an incentive stock option within the meaning of Section 422 of the...more

Despite Potential Market Manipulation, FERC Declines to Reject Power Auction Results

The Federal Energy Regulatory Commission (FERC or the Commission) recently opted not to take action to set aside the results of a power auction that was allegedly manipulated. In the face of significant public complaints,...more

FERC Orders New York ISO To Refund Over-Charges Resulting From Hurricane Sandy

The Federal Energy Regulatory Commission has ordered the New York Independent System Operator, Inc. to reopen and resettle billings for electricity it supplied during the November/December 2012 billing periods, and to refund...more

Report: New England electric sector will face gas supply deficit

A recently released report on the adequacy of New England’s natural gas pipeline infrastructure has identified the potential for shortfalls in gas supply to electric generators through 2020. The November 20, 2014 report,...more

FCPA Compliance and Ethics Report-Episode 107 the Bio-Rad FCPA Enforcement [Video]

In this episode, I take a deep dive into the Bio-Rad FCPA enforcement action. ...more

The Fate of FERC Demand Response Order No. 745: Efforts to Adapt While the Judicial and Complaint Processes Play Out

Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings. The appeals process and...more

John Doar and the Bio-Rad FCPA Enforcement Action – Part II

John Doar died yesterday. He was perhaps most famously known for his role as the House Judiciary Committee Chief Counsel during the investigation of and impeachment proceedings against then President Nixon. However, it was...more

Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new...more

FinCEN Rules Regulations on Money Services Businesses Do Not Apply to ISOs and Exempt Payment Processors

On August 27, FinCEN issued FIN-2014-R009, an administrative ruling clarifying that Independent Sales Organizations (“ISOs”) and exempt payment processors are not money transmitters subject to Bank Secrecy Act (“BSA”)...more

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