News & Analysis as of

Natural Gas Act Oil & Gas

Troutman Pepper

Senate introduces bipartisan legislation to give FERC retroactive refund authority under section 5 of the Natural Gas Act.

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On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more

Troutman Pepper

Senate Committee Considers Three New FERC Nominees

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On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more

McGuireWoods LLP

Federal Court Denies Attempt to Enjoin Appeal Before Pennsylvania Environmental Hearing Board

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On June 5, 2023, the U.S. District Court for the Middle District of Pennsylvania denied Transcontinental Gas Pipeline Co. LLC’s (Transco) attempt to enjoin an administrative appeal proceeding before the Pennsylvania...more

Troutman Pepper

FERC denies Muni Complaint on Proposed RNG Interconnection Request

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On November 30, 2023, the Commission denied the Minnesota Municipal Power Agency’s (“MMPA”) complaint alleging that Northern Natural Gas Company (“Northern”) violated the Natural Gas Act (“NGA”) by refusing to execute an...more

Troutman Pepper

FERC Finds Dominion LNG Back-up Fuel Project Satisfies Hinshaw Exemption Under the NGA

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On November 16, 2023, FERC granted Virginia Electric and Power Company d/b/a Dominion Energy Virginia’s (“Dominion”) petition requesting the Commission declare that Dominion’s planned liquefied natural gas (“LNG”) production,...more

Vinson & Elkins LLP

At DC Circuit, FERC Defends Oil Pipeline Index Rehearing Orders as the Result of Notice and Comment Process

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On October 25, 2023, the United States Court of Appeals for the District of Columbia Circuit heard the Liquid Energy Pipeline Association’s (“LEPA”) challenge to the Federal Energy Regulatory Commission’s (“FERC”) rulings,...more

Troutman Pepper

FERC Accepts Tennessee Gas Pipeline’s New PowerServe Rate Schedule and Authorizes Capacity Lease Agreement with Kinder Morgan

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On September 29, 2023, FERC approved Tennessee Gas Pipeline Company, L.L.C.’s (“TGP”) proposal to lease intrastate capacity from Kinder Morgan Texas Pipeline LLC (“Kinder Morgan”) to offer a new hourly transportation...more

Vinson & Elkins LLP

The Re-Solidification of FERC’s Driftwood Compromise

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At the Open Meeting held on September 21, 2023, the Federal Energy Regulatory Commission (“FERC” or “Commission”) approved four of the six Natural Gas Act (“NGA”) certificate orders for interstate natural gas pipelines and...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Upholds FERC Orders on Weymouth Compressor Station

In Fore River Residents Against the Compressor Station v. FERC, decided on July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ended long-running litigation over the Federal Energy Regulatory...more

Akin Gump Strauss Hauer & Feld LLP

Five Ratemaking Takeaways from FERC’s Panhandle Eastern Pipe Line Company, LP Order

On December 16, 2022, the Federal Energy Regulatory Commission (FERC) issued Panhandle Eastern Pipe Line Company, LP, its first opinion and order on an initial decision in a Natural Gas Act (NGA) section 4 general rate case...more

Troutman Pepper

FERC Authorizes Commonwealth LNG Export Facility

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On November 17, 2022, FERC approved an application authorizing Commonwealth LNG, LLC (“Commonwealth”) to site, construct, and operate a liquified natural gas (“LNG”) export terminal in Cameron Parish, Louisiana. The LNG...more

Jones Day

Fifth Circuit Clarifies FERC's Authority to Address Natural Gas Market Manipulation

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The Fifth Circuit upheld a Federal Energy Regulatory Commission ("FERC") determination that an energy company unlawfully manipulated the natural gas market but rejected FERC's interpretation of its jurisdiction as overbroad....more

Paul Hastings LLP

FERC’s Proposed Expansion of Duty of Candor Could Increase Compliance Risk

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Can a seemingly innocuous requirement to tell the truth create unintended consequences? The Federal Energy Regulatory Commission (“FERC” or “Commission”) raised this question when it issued its July 28, 2022 Notice of...more

Davis Wright Tremaine LLP

Senator Manchin's Permitting Reform Bill Could End Debate Over Who Regulates Hydrogen Pipelines

Buried toward the end of the 91-page bill unveiled by Senator Manchin on September 21, 2022, is a small but significant provision amending the Natural Gas Act's (NGA) definition of natural gas to include "hydrogen mixed or...more

Blank Rome LLP

FERC Proposes Expansion of Duty of Candor Obligations

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On July 28, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Notice of Proposed Rulemaking (the “Notice”) in Docket No. RM22-20-000 to expand the scope of the duty of candor to all entities...more

McGuireWoods LLP

FERC’s New Infrastructure and Environmental Impacts Priority – What to Expect in Enforcement Cases

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The Federal Energy Regulatory Commission (FERC) Office of Enforcement (OE) has historically focused on four “priorities,” as described in its annual Report on Enforcement. Those four priorities included (1) fraud and market...more

Troutman Pepper

FERC Declines to Exercise Jurisdiction Over Nopetro’s LNG Truck Loading Facility

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On March 25, 2022, FERC found that Nopetro LNG, LLC’s (“Nopetro”) proposed natural gas liquefaction and truck loading facility and proposed transloading operations in Port St. Joe, Florida, are not subject to FERC’s...more

Pillsbury Winthrop Shaw Pittman LLP

Hydrogen Industry Gets New Opportunity to Comment on FERC Pipeline Approval Policy

The Federal Energy Regulatory Commission has reopened the comment period for its natural gas infrastructure policy statements, giving the hydrogen industry a chance to champion policies that could promote hydrogen...more

Davis Wright Tremaine LLP

FERC Defers Changes to Gas Project Approval Process

Just one month after issuing two policy statements expected to seriously impact the processing of applications for gas infrastructure projects, the Federal Energy Regulatory Commission (FERC) has made a midcourse correction...more

Vinson & Elkins LLP

In re Ultra Petroleum Corp. – Fifth Circuit: Debtors May Reject FERC-Approved Gas Transportation Agreements

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In Federal Energy Regulatory Commission v. Ultra Resources, Inc. (In re Ultra Petroleum Corp.),1 a panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit Panel”) provided valuable clarity regarding a 2004 decision in...more

Beveridge & Diamond PC

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

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Updated March 28, 2022 - As we previously reported, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of...more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Reaffirms Bankruptcy Court Jurisdiction Over Rejection of FERC-Regulated Offtake Agreement

Public policy concerns associated with contracts impacted by energy industry bankruptcies filed in the Fifth Circuit will be resolved in bankruptcy court mini-trials instead of FERC proceedings. Parties entering energy...more

Beveridge & Diamond PC

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

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At its February meeting, the Federal Energy Regulatory Commission (FERC or Commission) released a long-awaited Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Updated Policy Statement),...more

Davis Wright Tremaine LLP

FERC Modifies Gas Infrastructure Project Approval Process

At its February 2022 meeting, the Federal Energy Regulatory Commission (FERC) approved two policy statements that will significantly affect its processing of applications for gas infrastructure projects. In its Updated...more

Vinson & Elkins LLP

FERC Issues Two New Policy Statements Regarding Natural Gas Infrastructure Construction

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On February 18, 2022, the Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote related to the construction of natural gas facilities....more

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