ISOs

News & Analysis as of

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

Supreme Court Vindicates FERC’s Demand Response Policy in 6-2 Vote

The Supreme Court’s decision in Federal Energy Regulatory Commission v. Electric Power Supply Association (FERC v. EPSA) will certainly cheer up Federal Energy Regulatory Commission (FERC) policymakers still digging out after...more

FERC Proposes Allowing Higher Priced Energy Offers in Organized Markets

On January 21, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to raise the price cap on incremental offers into the energy market. The NOPR is...more

Reminder: Information Statements Due by February 1, 2016, for 2015 Incentive Stock Option and Employee Stock Purchase Plan...

This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a taxadvantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide...more

Blog: Did your employees exercise options? Remember to file your IRS Form 3921

Does this apply to us? Only if you had one or more employees exercising incentive stock options (ISOs) during 2015. Does it matter if we are public or private? No....more

Annual ISO and ESPP Information and Reporting Requirements

Annual Information Statements and IRS Returns - Requirement to Report - For (1) any exercise of an incentive stock option (ISO) during 2015 or (2) transfer during 2015 of a share previously purchased pursuant to a...more

Alert: Year-End Reporting for ISOs and ESPPs

This alert serves as a reminder of certain year-end reporting requirements imposed under Section 6039 of the Internal Revenue Code of 1986, as amended, with respect to incentive stock option exercises and transfers of stock...more

Have a Legal Register? Stay Current on Laws Applicable to Your Business

The ISO 14.001:2004 and new 2015 Standards require that organizations evaluate laws that are applicable to their operations. Regulatory agencies around the world conduct audits and inspections to determine whether...more

ISO-NE Winter Reliability Program 2015 by the numbers

The operator of New England's electric grid is running a special Winter Reliability Program to address fuel security and power system reliability concerns, relating largely to natural gas pipeline constraints. A December...more

FERC Orders RTOs and ISOs to File Reports on Price Formation

On November 19, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order (the “Order”) directing each regional transmission organization (“RTO”) and independent system operator (“ISO”) to publicly file reports...more

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