News & Analysis as of

Report Projects Modest Need for Electric Generation Capacity Growth

The U.S. Energy Information Administration has projected that 351 gigawatts of new electric generating capacity will be added to the U.S. grid between 2013 and 2040. This projected new capacity, most of which EIA expects to...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 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

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

CFTC Proposes Rule to Exclude Municipal Utilities from $25 Million De Minimis Swap Dealer Threshold

Today the CFTC published its proposed rule that would exclude most swaps used by municipal utilities for hedging purposes from counting against the $25 million swap dealer de minimis threshold that currently applies to swaps...more

EPA Plans To Issue Several Actions That Will Impact The Biofuels Industry

On Friday, May 23, 2014, EPA published its semi-annul regulatory agenda (Agenda) indicating the Agency's upcoming priorities and timelines. A copy of the Agenda is available online. According to the Agenda, EPA plans to issue...more

U.S. natural gas to pass coal as electricity fuel in 2035

Coal will continue to fuel the largest share of electricity generated in the U.S. until 2035, when natural gas will surpass it, according to a recent federal report. The U.S. Energy Information Administration's 2014 Annual...more

FERC Issues NOPR Regarding Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities

At the March open meeting, FERC issued a notice of proposed rulemaking (NOPR) in which it proposed changes to the Gas Day and pipeline nominations schedule (Docket No. RM14-2-000, 146 FERC ¶ 61,201). The NOPR is part of the...more

Energy Newsletter - March 2014

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

Crude Allegations: Corruption in the Energy Trading Sector

The world-wide energy trading sector, where traders match physical supply and demand of energy by purchasing, reselling, and moving commodities (crude oil and refined products, natural gas, coal, and even electricity) across...more

FERC Enforcement Director Calls For Legislative Fix To Address Hunter Decision

On January 15, 2014, Mr. Norman Bay, Director of the Office of Enforcement at the Federal Energy Regulatory Commission (FERC), testified at a Senate Banking Subcommittee on Financial Institutions and Consumer Protection...more

Summary of FERC Meeting Agenda - December 2013

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Certificate Items - Excerpt from Hydro Items: H-1: FFP Qualified Hydro 14, LLC, Docket No....more

Natural Gas & Electricity Interdependency Update: FERC’s Third Quarterly Report on Gas-Electric Coordination

Pursuant to the Federal Energy Regulatory Commission (“FERC”) November 15, 2012 Order Directing Further Conferences and Reports, the FERC Staff issued its third Gas-Electric Coordination Quarterly Report to the Commission ...more

The Battle Over EPA’s Proposed New Source Performance Standards For Coal Fired EGUs: Adequately Demonstrated or Impermissible...

On September 20, 2013, EPA, under the authority of section 111(b) of the Clean Air Act (CAA), re-proposed its New Source Performance Standards (NSPS) for CO2 emissions from coal-fired utility boilers and integrated...more

Is New England Moving Towards Importing Canadian Hydro as a Counterweight to Its Reliance on Natural Gas? Updates from the...

Back in June, I noted that the New England states had tasked the New England States Committee on Electricity (“NESCOE”) with exploring the possibility of importing more large-scale Canadian hydro into New England. Earlier...more

Gas Generating Plant Certificate Of Necessity Sought

On July 12 Consumers Energy filed testimony with the Michigan Public Service Commission (MPSC) to support its application for approval of a Certificate of Necessity for 700 MW of generation at the Thetford Generating Station...more

FERC Lays Groundwork for Open Communication Between Natural Gas and Electric Industries

The Federal Energy Regulatory Commission, in a Notice of Proposed Rulemaking issued on July 18, 2013, is proposing to facilitate increased coordination between electric transmission operators and natural gas pipelines....more

Technically, We Could Green The Grid and Keep The Lights On; Do We Have The Policies to Get Us There?

One concern with adding large amounts of renewable generation to the electric grid is that the variability of renewable resources such as solar and wind might render the electric grid unreliable. According to a recent report...more

In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim...

Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing...more

Summary of FERC Meeting Agenda - March 2013

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Certificate Items - Excerpt from Electric Items: E-1: PJM Interconnection, L.L.C. (Docket No. ER13-198-000);...more

Legal Alert: New Regulation Under Cybersecurity Executive Order

President Obama yesterday issued an Executive Order to address the growing cyber threat to the Nation’s “critical infrastructure,” a term broadly defined to potentially cover natural gas and oil pipelines, storage sites and...more

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

Since it is early in 2013 (according to the Gregorian calendar), this competition law update considers possible competition law developments in the year ahead. Rather than a “Janus” approach of rounding up last year, it...more

Summary of FERC Meeting Agenda - January 2013

In This Issue: - Administrative Items - Electric Items - Gas Item - Hydro Items - Certificate Item Excerpt from Hydro Items: H-1 Annual Charges for Use of Government Lands (Docket No. RM11-6-000)...more

REGULATORY: UK Competition Law: Playing the Energy Game; Regulating Market Outcomes by Suzanne Rab, Derek Holt*

With the nip of winter in the air, the announcement of price increases by Britain’s largest natural gas and electricity firms raises the perennial debate about the competitiveness of energy markets. In a surprising...more

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