ISOs

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Entity Selection Series | Part One: The Benefits of a Limited Liability Company

So, you developed the next great start-up idea and you are looking to organize your company… Initially, the entrepreneur will have to decide what type of entity to use and under what state to form the company. Various legal...more

FERC Proposes New Market Rules to Better Integrate Energy Storage and Distributed Resources into Organized Markets

On November 17, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking seeking comments on its proposal to remove barriers to the participation of electric storage resources and...more

FERC Adopts New Regulations Allowing Higher-Priced Energy Offers in Organized Electricity Markets

At its November Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule (Order No. 831) directing the Regional Transmission Organizations and Independent System Operators...more

Pricing Carbon in Wholesale Electricity Markets: RTOs/ISOs Looking at a Carbon Price to Integrate Regional Public Policy Goals

Several eastern regional transmission organizations and independent system operators (RTO/ISO) are talking seriously about pricing carbon in their markets. NEPOOL, the participant voting organization on wholesale market...more

FERC’s Maxim Settlement Shows Continued Focus on ISO and RTO Bidding Conduct

On September 26, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order1 approving a Stipulation and Consent Agreement between its Office of Enforcement (“Enforcement”) and Maxim Power Corp....more

Merging Companies Tesla and SolarCity Among Entities Advocating Wider Role for Electric Storage Resources in RTO and ISO Markets

In early August, Tesla Motors Inc., a manufacturer of advanced electric vehicles and battery energy storage systems, announced a deal to buy SolarCity Corporation, a developer of distributed energy resources, particularly...more

CFTC Likely Will Not Move Forward on Controversial Proposal to Allow Private Claims for Fraud and Market Manipulation in...

In May 2016, the Commodity Futures Trading Commission (CFTC) proposed an amendment to a 2013 order concerning regional transmission organization (RTO) and independent system operator (ISO) organized electric markets that...more

Energy Update - September 2016

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please...more

PJM Alternative to Expanding MOPR Leaves Questions Unanswered

On August 18, 2016, PJM Interconnection, L.L.C. (“PJM”) presented aproposal to its stakeholders outlining a possible mechanism for mitigating the potential impact on capacity prices in the PJM market of generation units...more

Reserve Funds and Restitution: Government Litigation in the Payments Space

Beginning in earnest in 2013, the Federal Trade Commission (“FTC”) began to exert pressure on the payments industry—including payment card processors and independent sales organizations (“ISOs”)—to stamp out businesses...more

FERC Seeks to Enhance Electricity Market Surveillance and Data Collection for Market-Based Rates Sellers and Other Market...

On July 21, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (July NOPR) to require certain participants in wholesale electric markets to submit “relational databases” to report...more

New FERC NOPR Will Have Impacts on the Financial Trading Community

On Thursday, July 21, 2016, FERC issued a new Notice of Proposed Rulemaking on Data Collection and Surveillance, which is to replace the prior Connected Entities and MBR Ownership NOPRs. The new NOPR will apply to: (1)...more

FERC Revises Market Surveillance Data Collection Proposal and MBR Filing Proposal

On July 21, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to (1) collect a wide range of “connected entity” data for market surveillance and...more

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity...more

FERC’s Generator Interconnection Technical Conference Elicits Debate on Need for Interconnection Process Reforms

On May 13, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference on generator interconnection issues in partial response to a June 2015 Petition filed by the American Wind...more

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

CFTC proposes amendment to the RTO-ISO order: key takeaways

The Commodity Futures Trading Commission has issued a notice of proposed amendment to a 2013 order (the RTO-ISO Order) exempting certain electric energy transactions from various provisions of the Commodity Exchange Act (CEA)...more

CFTC Proposal to Open FERC-Regulated Power Markets to Private Lawsuits Could Have Profound Implications for all Organized...

On May 10, 2016, the Commodity Futures Trading Commission (CFTC) proposed to amend a 2013 order (the “RTO-ISO Order”) to allow for private lawsuits to be brought in connection with conduct in organized wholesale electricity...more

CFTC Proposes Reversing Course, Granting Private Right of Action in Energy Market Manipulation

Last week the Commodity Futures Trading Commission (CFTC) issued a notice of proposed order and request for comment proposing to allow a private right of action to enforce violations of the anti-manipulation, anti-fraud or...more

FERC Staff Seeks Information from RTOs/ISOs on Energy Storage Participation in Wholesale Markets

On April 11, 2016, the Federal Energy Regulatory Commission’s (FERC) Office of Energy Policy and Innovation (OEPI) sent identical data requests to each of the nation’s six grid operators, requesting information on potential...more

FDA Still Seeking Manufacturer Views on Medical Device ISO Regulation

On March 4, 2016, the FDA issued notice in the Federal Register that it had opened a docket to accept comments on the agency’s proposed plan to address the refurbishing, remarketing, rebuilding, remanufacturing, and servicing...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

When Does “Anomalous” Become “Normal”? Another ROE Decision, Another Finding of Anomalous Market Conditions

On March 22, 2016, Federal Energy Regulatory Commission (FERC or the “Commission”) Administrative Law Judge (ALJ) Steven L. Sterner issued an Initial Decision in the second round of Complaint cases (“Complaints II and III”)...more

DWT Energy Update

On January 25, 2016, the U.S. Supreme Court, in a 6-2 decision authored by Justice Kagan and supported by the Chief Justice, reversed the D.C. Circuit’s holding that the Federal Energy Regulatory Commission (FERC) intruded on...more

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