North American Electric Reliability Corporation

North American Electric Reliability Corporation (NERC) is a non-profit entity that develops and enforces reliability standards to promote adequate and consistent bulk electrical power in North America. NERC... more +
North American Electric Reliability Corporation (NERC) is a non-profit entity that develops and enforces reliability standards to promote adequate and consistent bulk electrical power in North America. NERC enforces standards, monitors reliability, investigates disruptions and trains and certifies power industry personnel. less -
News & Analysis as of

"Skadden Energy Law Handbook: Fourth Edition (November 2016)"

Skadden’s Energy Regulation and Litigation Group is pleased to provide the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments. The handbook contains 16 chapters covering a broad...more

NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC...more

EIB Energy Highlights: FERC on Cybersecurity, Clean Power Plan Hearing Agenda, NatGas & Oil Exports Rise & More

Natural Gas - Natural Gas Outlook: U.S. On Track to be Net Exporter Q2 2017: Natural gas production and consumption are expected to rise this year due to increases in natural gas prices and LNG exports, as well as...more

Coal Plant Shutdowns: Operators Have Cyber Protection Obligations Even After Closing

As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after they throw the breakers, go off the grid, are no longer contributing to the...more

FERC Takes Action on Cybersecurity in Response to Ukrainian Cyber Attacks

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”) and Final Rule at the end of July to address several urgent cybersecurity issues affecting the bulk electric system. FERC is taking these...more

Passing of Senate’s Energy Bill Signals a Renewed Focus on Cybersecurity of Power Grid

As we previously reported, the Senate recently passed the Energy Policy Modernization Act (Act), which promotes renewable energy, improves the energy efficiency of buildings and directs investments towards the research and...more

FERC Meeting Agenda Summary - March 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 17, 2016 meeting, pursuant to the agenda as issued on March 10, 2016. Agenda items E-5, E-13, E-14, E-16 and C-2 have not been...more

In First Step to Address Essential Reliability Services, FERC Launches Inquiry Into Provision and Compensation of Primary...

At its February Open Meeting, the Federal Energy Regulatory Commission (FERC) announced a new inquiry into the provision and compensation of primary frequency response, an “essential reliability service” that is needed to...more

FERC Issues NOI on Whether All Generation Resources Should be Required to Provide Frequency Response Service

On Feb. 18, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on possible rule changes addressing the provision of primary frequency response service and compensation for those providing...more

Waterbury hydro need and economics

A recent order issuing a new hydropower license to Green Mountain Power Corporation's Waterbury Hydroelectric Project sheds insight into the project's operations and economics. The Waterbury project is located at a dam...more

NERC suggests Clean Power Plan reliability considerations

The electric reliability organization for North America has issued an assessment of reliability considerations it thinks state electricity and environmental regulators should take into account in crafting state plans to...more

FERC Accepts Revisions to Cybersecurity Reliability Standards, Orders Further Revisions

On January 21, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 822, approving revisions to certain Critical Infrastructure Protection (CIP) standards developed (and primarily...more

FERC Applies "Seven Factor Test" to Exclude Local Distribution Facilities from NERC's Purview - Nearly 2,500 Miles of Southern...

On December 31, 2015, FERC issued an order addressing the merits of an application filed on April 16, 2015 by Southern California Edison (SCE) to establish that certain of its 115 kV facilities are classified and used in...more

FERC, Congress Take Aim at Cybersecurity Risks in the Electric Utility Sector

In light of the potentially devastating economic losses that could result from a cybersecurity attack causing widespread power outages as well as continued concerns about the vulnerability of the nation's electric utility...more

FERC NOPR Seeks Access to Additional Electric Reliability Data

At its September 17, 2015 Open Meeting, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a Notice of Proposed Rulemaking (“NOPR”) that would require the North American Electric Reliability Corporation...more

Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

FERC proposes to grant itself access to NERC’s Transmission Availability Data System, Generating Availability Data System, and Protection System Misoperations Database. On September 17, the Federal Energy Regulatory...more

EPA’s Clean Power Plan: Structure, Implications for the Grid, and Next Steps

The United States Environmental Protection Agency (EPA) issued the Clean Power Plan (Plan) in its final form on August 3, 2015. The rule reshapes energy policy nationwide by setting state-by-state greenhouse gas emissions...more

FERC, NERC and Business Blackout: New CIP Standards and Fictional Cyber Attacks

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) July 16, 2015, proposing to approve various Critical Infrastructure Protection (CIP) reliability standards proposed by the North...more

Lloyd’s Report Highlights Risk of Cyberattacks on National Power Grid

A sophisticated cyberattack on the U.S. power grid could cause nearly $250 billion in economic losses and, under the most severe circumstances, cost more than $1 trillion to the U.S. economy, according to a recent report...more

FERC Meeting Agenda Summary - July 2015

In this issue: - Electric Items - Miscellaneous - Gas Items - Hydro Items - Certificates Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 16, 2015 meeting,...more

FERC Surges Ahead in Planning for Solar Flare Grid Standards

On May 14, 2015, the Federal Energy Regulatory Commission (FERC) proposed the approval of a new reliability standard to address susceptibility of electric transmission systems to the effect of geomagnetic disturbances (GMDs)....more

Feds settle on final 2011 Southwest blackout penalty

Over four years after a major 2011 power outage in Southern California and parts of the Southwest, federal energy regulators have approved the sixth and final settlement of penalties for violations of law and reliability...more

EPA Is Not an Expert in Determining Electric System Reliability

The D.C. Circuit Court of Appeals just reversed and remanded EPA’s rule allowing backup generators to operate for up to 100 hours per year as necessary for demand response. It’s an important decision that could have lessons...more

NERC's Polite Review of the Clean Power Plan: A "Challenge"

When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal...more

Energy Bulletin (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Oil companies may need to prepare for more regulation of rail shipments of...more

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