Notice of Inquiry

News & Analysis as of

FERC Seeking Comment on Recovery of Income Tax Costs by Jurisdictional Natural Gas and Oil Pipelines and Electric Utilities

The Federal Energy Regulatory Commission (FERC or the “Commission”) announced in December that it is opening a new inquiry and seeking comments regarding its current policies with respect to the recovery of income tax costs...more

FCC Public Safety Bureau Inquires About How to Ensure 5G Network Security

Ahead of the upcoming administration change, the Federal Communications Commission (FCC or Commission) has continued its efforts focused on security and privacy. On December 16, 2016, the FCC’s Public Safety and Homeland...more

Alert: FCC Dives into Cybersecurity for Next Generation Wireless IoT Networks

The Federal Communication Commission's Bureau of Public Safety and Homeland Security has released a Notice of Inquiry ("NOI") seeking information on the best ways to secure the next generation of wireless technology, known as...more

FERC Seeks Comments on Double Recovery Resulting from Current Income Tax Allowance and Rate of Return Policies

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comments on how to address any potential double recovery that may result from the agency’s current income tax...more

DOJ and FTC Advocate Broader Approach to FERC’s Market Power Evaluation under Sections 203 and 205 of the Federal Power Act

On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”)...more

FERC Seeks Comment On Potential Modifications To Its Market Power Analyses

On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market...more

FERC Seeks Comments on Potential Changes to Review of Mergers and Acquisitions

The Federal Energy Regulatory Commission (“FERC” or “Commission”) has asked for comments on procedures established for its review of mergers and acquisitions pursuant to section 203 of the Federal Power Act (“FPA”). In a...more

Maine opens net metering inquiry

The Maine Public Utilities Commission has issued a Notice of Inquiry to obtain feedback on whether its net energy billing rules should be modified, or other action taken to affect Maine's net metering policy. Under...more

Maine to consider net metering rules

The Maine Public Utilities Commission is set to consider opening an inquiry into the state's net energy billing rules, which allow electric utility customers to offset their load with distributed generation. Under...more

Maine examines interconnection standards

The Maine Public Utilities Commission has opened an inquiry into whether it should change its rule governing how small distributed generation resources may interconnect with the electric grid. This small generator...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

In re Sentinel Management: The Seventh Circuit Considers Equitable Subordination

Equitable subordination in bankruptcy can be a powerful tool, providing a court with considerable latitude to set things right insofar as the estates of the penniless and the rights of their creditors are concerned. But...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

Copyright Office Issues NOI Regarding DMCA, Seeks Comment on “Repeat Infringers”

On Dec. 31, 2015, the U.S. Copyright Office published a Notice of Inquiry seeking to “evaluate the impact and effectiveness of the DMCA safe harbor provisions” found at 17 U.S.C. § 512. Comments in response to the Notice of...more

Turning A Blind Eye Cost Lender Hundreds Of Millions Of Dollars; Inquiry Notice Spoils Lender’s Good Faith Defense In Fraudulent...

Lending credence to the old adage “if it’s too good to be true, then it probably is,” the Seventh Circuit Court of Appeals recently held that a secured lender was on inquiry notice of possible fraud by its borrower in...more

FERC Officially Terminates Consideration of Quarterly Reporting Requirement for Gas Transactions

On November 17, 2015, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order officially terminating consideration of a three-year-old proposal to require quarterly reporting of every Natural Gas...more

FCC Poised to Consider Expanded Use of Spectrum Bands Above 24 GHz

The Federal Communications Commission (FCC or Commission) is slated to consider adoption of a Notice of Proposed Rulemaking (NPRM) exploring increased use of spectrum bands above 24 GHz, including for mobile broadband, at ...more

Update: FERC Five-Year Review of Oil Pipeline Rate Indexation

On June 30, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) that proposed an adjustment to the annual indexation formula for oil pipeline rates. The NOI sought comments on a proposed...more

EU Competition Commissioner proposes a competition inquiry in the e-commerce sector

On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed...more

Seventh Circuit Cites Petrella to Save Copyright Suit from Dismissal

Chicago Building Design, P.C., et. al. v. Mongolian House, Inc., et. al. - The U.S. Court of Appeals for the Seventh Circuit applied the Supreme Court of the United States’ May 2014 ruling in Petrella (IP Update, Vol....more

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