News & Analysis as of

Power Infrastructure

FERC Declares Tax Equity Investments Involving Specific Consent and Veto Rights Do Not Require Prior Authorization from FERC

The Federal Energy Regulatory Commission issued a declaratory order on October 4, 2017, confirming that the purchase and sale of passive tax equity interests in project companies or their upstream owners does not require...more

FERC terminates cyber security inquiry

by PretiFlaherty on

Federal energy regulators have terminated a proceeding opened last year seeking comment on the need for, and possible effects of, modifications to national reliability standards to address the cybersecurity of control centers...more

Sens. Inhofe and Heinrich Propose to Amend Section 203 of the Federal Power Act to “Provide Parity to FERC Reviews” of Certain...

On September 27, 2017, Sens. James M. Inhofe (R-OK) and Martin T. Heinrich (D-NM) introduced S. 1860, the Parity Across Reviews Act (“PARs Act”), which, if enacted, would add a $10 million value threshold to the requirement...more

Department of Energy Proposes Major Changes to Wholesale Power Market Rules

by Hogan Lovells on

During his confirmation hearing to be Secretary of Energy, Rick Perry repeatedly expressed support for an “all of the above” approach to energy development and use. On Friday, September 29, he initiated one of the first...more

Currents - Energy Industry Insights - September 2017#4

U.S. Crude Exports to Asia May Shake Up Global Oil Pricing: Russell "The great disruptor that is U.S. shale oil is coming to Asia, as refiners in the energy-hungry region look to expand and diversify their sources of...more

Africa Focus: Sub-Saharan African power projects - Credit support and enhancement

by White & Case LLP on

Counterparty credit risk continues to remain a key, often threshold concern for private sector sponsors and lenders to the majority of power projects in sub-Saharan Africa. Structuring power projects in an effort to overcome...more

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

U.S. Government’s Power Africa Initiative Releases 2017 Annual Report Highlighting More Than 80 Power Africa Transactions Closed...

On August 21, 2017, Power Africa published its 2017 Annual Report highlighting more than 80 Power Africa transactions closed and more than $14.5 billion in financings since its inception. Overall, it has facilitated the...more

Report links US nuclear industry to national security

by PretiFlaherty on

The U.S. nuclear energy enterprise is a key national security enabler, according to a report released this week by a new non-profit. The Energy Futures Initiative's report describes the domestic nuclear energy industry as...more

Will Utah counties fund thorium reactor?

by PretiFlaherty on

Could a coalition of rural counties in Utah and a startup company develop a thorium-fueled nuclear reactor for electric power and other purposes? According to its website, the Seven County Infrastructure Coalition is...more

Cyber Hostage-Taking: Petya Holds Physical Infrastructure for Ransom

On June 27, 2017, hackers struck vulnerable businesses around the world with a new version of the “Petya” ransomware. This major cyberattack has disrupted utilities, shipping companies, law firms and other businesses across...more

Stressed about CATs? The London Market Is Ready

by Zelle LLP on

Earlier this year, a London insurance market industry group published London Market looks ahead: Preparing for the next big insurance event, a White Paper describing a stress test of the market when faced with a...more

Mexico's CENACE Determines Assets for Power Transmission and Distribution Networks

by Holland & Knight LLP on

Mexico's National Energy Control Center, or Centro de Control de Energía (CENACE), is the non-centralized government body that operates the country's Wholesale Power Market, or Mercado Mercado Eléctrico Mayorista (MEM). As...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa Eskom sticks on price for renewables The standoff between the Department of Energy and power utility Eskom looks set to continue for a while, with both sides digging in on...more

DOE Issues Proposed Grid Security Emergency Order Procedures in Accordance with FAST Act

by Stinson Leonard Street on

On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These...more

Something for everyone? The European Commission’s Winter “Clean Energy” Package on Energy Union (November 2016)

by Dentons on

On 30 November 2016, the European Commission officially unveiled the latest instalment of its ongoing Energy Union initiative, which will reform some of the central pieces of EU energy legislation. Referred to in advance as...more

The Transition of Commissioners and Leadership of the Federal Energy Regulatory Commission: What Happens Now?

by Stinson Leonard Street on

One of the many burning post-election questions we must now consider in the energy industry is what will become of the Federal Energy Regulatory Commission, its commissioners and its future role in national energy policy...more

World Energy Council Issues New Report on Cyber Risk

Because cyber risk presents a “unique concern” in the energy sector, the World Energy Council has issued a new report entitled “The Road to Resilience: Managing Cyber risks,” to its industry leaders....more

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

by Moore & Van Allen PLLC on

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

Solar Industry Update: "You Should Assume You Are Going to Lose Power and Hope That You Don’t."

In the face of Hermine’s landfall, Florida Governor Rick Scott warned Floridians: “You should assume you are going to lose power and hope that you don’t.” Three days later, Scott expressed frustration at the rate of power...more

FERC Once Again Modifies Interconnection Policy to Level the Playing Field Among Electric Generators

by Stinson Leonard Street on

For the second time in as many months, the Federal Energy Regulatory Commission (FERC) acted to eliminate undue discrimination between electric generators. Last month, FERC issued Order No. 827, which required non-synchronous...more

FERC Rules that Previous Sale of Renewable Energy Credits Does Not Limit Right to Sell Power Under PURPA

by Stinson Leonard Street on

May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits...more

FERC Rules that Previous Sale of Renewable Energy Credits Does Not Limit Right to Sell Power Under PURPA

by Stinson Leonard Street on

May a qualifying facility (QF) under the Public Utility Regulatory Policies Act (PURPA) insist that a public utility purchase its energy even if, contrary to state law, the QF has previously sold its renewable energy credits...more

The New Gold Standard for Building Performance - PEER

by Sullivan & Worcester on

Electricity-grid vulnerabilities were deeply exposed in the wake of Superstorm Sandy and its associated storm surge, as a single outage at a substation caused a sweeping black-out across downtown Manhattan, New York. Making...more

Federal Energy Regulatory Commission Issues Order to Eliminate Reactive Power Service Exemptions for Wind Generators

On June 16, 2016, the Federal Energy Regulatory Commission issued Order No. 827, a final rule that eliminates exemptions for wind generators from the requirement to provide reactive power services as a condition of taking...more

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Cybersecurity

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