Oil & Gas Federal Energy Regulatory Commission

News & Analysis as of

FERC as Prosecutor, Judge and Jury?

May the Federal Energy Regulatory Commission (FERC) initiate an enforcement investigation against a company for manipulating natural gas markets, order the company to show cause why it shouldn’t be fined and then decide the...more

FERC Meeting Agenda Summary - July 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 21, 2016 meeting, pursuant to the agenda as issued on July 14, 2016. Agenda items E-6, E-19, E-21 and E-22 have not been...more

DC Circuit Judge Rogers Delivers 3 Important Administrative Rulings in 1 Day

July 15 was a busy day at the U.S. Court of Appeals for the District of Columbia Circuit, as five important decisions werethree issued. What was remarkable and worth noting is that Judge Judith Rogers, a member of the court...more

FERC Increases Maximum Civil Monetary Penalties for Power, Gas and Oil Companies

On June 29, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an interim final rule amending the civil monetary penalties within its jurisdiction to adjust for inflation. FERC adjusted its penalties...more

Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected

The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more

LNG Global Impacts Not FERC’s Problem in Freeport and Sabine Pass Cases

In companion cases, on June 28 the DC Circuit Court of Appeals held that the Federal Energy Regulatory Commission, in its environmental impacts analysis of two Gulf Coast LNG terminals, need not assess the potential for...more

DC Circuit Denies Petitions to Review Non-Export-Related Environmental Consequences of FERC Action

Two recently issued decisions are important because they clarify how the formidably complex legal structure affecting a growing American business—the export of liquefied natural gas (LNG) –will be interpreted by the one...more

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more

Federal Court Upholds FERC’s Approach on LNG Environmental Permitting and Shifts Focus to Challenges to DOE’s Environmental Review

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit issued two opinions that uphold the Federal Energy Regulatory Commission’s (“FERC”) approach to reviewing environmental impacts of liquefied...more

Pipeline and Hazardous Materials Safety Administration Reauthorized

The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities. On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more

Like San Bruno, Aliso Canyon Prompts Enhanced Pipeline Safety Act with Few Meaningful Deadlines

On June 22, President Obama signed into law a new pipeline safety bill — the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016,” known as the PIPES Act of 2016. The law reauthorizes and funds the...more

Energy Newsletter - June 2016

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

FERC Meeting Agenda Summary - June 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s June 16, 2016 meeting, pursuant to the agenda as issued on June 9, 2016. Agenda items E-11 and E-18 have not been summarized due to...more

Renewable Energy Update - June 2016

Renewable Energy Focus - Ninth Circuit upholds wind farm approval - Courthouse News Service - Jun 7 - Federal regulators adequately addressed whether a proposed wind turbine project near San Diego would...more

FERC Grants Extension of Time for Natural Gas Storage Company to Construct Expansion Facilities Over More Than 250 Comments in...

On May 16, 2016, the Federal Energy Regulatory Commission granted Arlington Storage Company, LLC (Arlington) a two-year extension of time to construct a previously authorized underground natural gas storage expansion project....more

FERC Meeting Agenda Summary - May 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 19, 2016 meeting, pursuant to the agenda as issued on May 12, 2016. Agenda items E-2 and E-3 have not been summarized due to...more

FERC Proposes to Pierce the Corporate Veil and Impose $216 Million in Fines in Alleged Natural Gas Market Manipulation Scheme

On April 28, 2016, FERC issued an order directing Total Gas & Power North America, Inc. (Total Gas), two of its traders, its ultimate corporate parent, Total S.A. (Total) and an affiliate Total Gas & Power, LTD (TGPL) to show...more

Supreme Court Affirms Invalidation of Maryland's Program to Incentivize New Power Generation

The U.S. Supreme Court, in a narrowly crafted opinion by Justice Ginsburg, has unanimously invalidated Maryland's program to promote construction of new natural gas capacity by guaranteeing new generating capacity. The...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

FERC Signals Intention to Closely Scrutinize Late Interventions

Movants must clear high hurdle once parties reach settlement in principle. On March 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in Maritimes & Northeast Pipeline, LLC (Maritimes...more

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Despite stalling recently over a debate on how to respond to the Flint water crisis, the Senate bipartisan energy bill is still alive and could see action as soon as next week provided that...more

Energy & Environment Update - February 2016 #3

ENERGY AND CLIMATE DEBATE - Congress returns this week following the President’s Day holiday, and the death of Supreme Court Justice Antonin Scalia on February 13 has set the stage for a contentious nomination battle in...more

Summary of FERC Meeting Agenda for February 18, 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 18, 2016 meeting, pursuant to the agenda as issued on February 11, 2016. Electric - E-1 – Pennsylvania Electric...more

Energy & Environment Update - January 2016 #3

Energy and Climate Debate - The winter weather postponed much congressional and Administrative action on energy, environment, and other issues this week, but the Senate has now officially begun floor debate on the first...more

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