News & Analysis as of

Power Infrastructure Federal Energy Regulatory Commission

Troutman Pepper

Eighth Circuit Applies FERC’s Filed Rate Doctrine to Reject Allegations that SPP Breached an Oral Contract Made During Winter...

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On August 5, 2024, the United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) denied Associated Electric Cooperative, Inc.’s (“AECI”) petition for review of a Federal Energy Regulatory Commission (“FERC”)...more

K&L Gates LLP

Texas Updates

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Over the last several months there have been a number of developments within the Electric Reliability Council of Texas (ERCOT) region. The most significant have been the issuance of a Joint Blackstart Availability Study and...more

Troutman Pepper

FERC Reverses Course, Rejects SPP Byway Cost Allocation Proposal for Second Time

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On July 13, 2023, FERC on rehearing set aside its prior order that had accepted Southwest Power Pool, Inc.’s (“SPP”) proposal to establish a case-by-case process to allocate, on a regional, postage-stamp basis, all of the...more

Troutman Pepper

D.C. Circuit Backs FERC in New York Cost Allocation Dispute, Giving FERC Broad Deference under the Rule of Reason

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On July 7, 2023, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion rejecting petitioner Hecate Energy Green County 3 LLC’s (“Hecate”) claim that the New York Independent System...more

Troutman Pepper

FERC Affirms Finding of Affiliation Over Appointment of Director

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On July 3, 2023, FERC affirmed its earlier determination that Bluescape Energy Partners, LLC’s (“Bluescape”) appointment of a non-independent director to Evergy Inc.’s (“Evergy”) Board of Directors overcomes the rebuttable...more

Snell & Wilmer

FERC Seeks Over $508 Million to Accomplish 2023 Strategic Priorities

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Monday, the Federal Energy Regulatory Commission (“FERC”) submitted its Fiscal Year 2023 Congressional Justification. This document, which is submitted annually, consolidates the Annual Performance Plan with the Performance...more

Vinson & Elkins LLP

Feds May Need Power To Take State Lands For New Grid

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Ambitions to decarbonize the power sector by 2035 face a number of significant hurdles — the most intractable of which may be the extent of corresponding highvoltage transmission infrastructure necessary to accommodate the...more

Jones Day

FERC, NERC Outline Proposed New Reliability Standards Following the February Winter Storm

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The Federal Energy Regulatory Commission's ("FERC") Office of Electric Reliability and Enforcement and the North American Electric Reliability Corporation ("NERC") staff presented a series of findings and preliminary...more

Jones Day

FERC Approves New Cold Weather Reliability Standards

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On August 24, 2021, the Federal Energy Regulatory Commission ("FERC") approved new cold weather electric reliability standards proposed by the North American Electric Reliability Corporation ("NERC"). The standards will apply...more

Morgan Lewis - Power & Pipes

FERC Proposes to Collect New Upstream Owner Data from Holding Companies of MBR Entities Holding Certain Blanket Authorizations

FERC issued a Notice Seeking Comments on March 18 on its proposal to collect additional data from market-based rate (MBR) Sellers whose ultimate upstream affiliate(s) own their voting securities under a Federal Power Act...more

White & Case LLP

The Texas Blackout: A Regulatory Retrospective and Future Outlook

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The state of Texas, and its isolated power grid, buckled under the weight of persistent cold in February 2021, leading to a historic and widespread blackout. In the immediate aftermath, the human cost of decisions made in the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Announces June 2021 Technical Conference on Climate Change, Extreme Weather and Electric System Reliability

On March 5, 2021, the Federal Energy Regulatory Commission (FERC) announced a virtual, public technical conference “to discuss issues surrounding the threat to electric system reliability posed by climate change and extreme...more

Mayer Brown

MISO Interconnection Deposit Loophole Closed

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North American development-stage projects interconnecting with Midcontinent Independent System Operator (“MISO”) member utilities may no longer rely on funds deposited for network upgrades being returned if the project...more

Hogan Lovells

Energy regulators step up to address recent cold weather events

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On February 16, 2021, in response to the extreme cold weather events resulting in significant power outages affecting millions of electricity customers throughout the Midwest and South Central states, particularly in systems...more

Snell & Wilmer

Polar Vortex Highlights Problems with Texas Isolationist Model and Need for National Electric Grid

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Following a week of extremely cold temperatures which caused millions of Texans to be without power, in some cases for longer that three days, the Federal Energy Regulatory Commission (FERC) announced that it will be...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 28, July 2020

Chevron’s Patience Pays Off with Bargain Deal for Noble Energy - "Like Anadarko, Noble is also a major player in the oil-rich DJ Basin of Colorado, as well as the oil-rich southwestern piece of the Eagle Ford Shale region." ...more

White & Case LLP

Summary of FERC Meeting Agenda for January 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 23, 2020 meeting, pursuant to the agenda as issued on January 16, 2020. Agenda items E-1, E-2, E-3, E-6, E-7, E-8, E-9, and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #3

Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Sides with FERC; Prevents Full Abandonment

In 2005, Congress sought to encourage investment in the nation’s power grid by requiring the Federal Energy Recovery Commission (FERC) to establish “incentive-based” rate treatments for electric transmission facilities. Order...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018 #2

Revised Definition of "Waters of the United States" - Proposed Rule - "The agencies' proposal is the second step in a two-step process to review and revise the definition of 'waters of the United States' consistent with...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2018 #3

Russian Hackers Penetrated Networks of U.S. Electric Utilities - "Russian hackers gained access to the networks of U.S. electric utilities last year, which could have allowed them to cause blackouts, according to federal...more

Spilman Thomas & Battle, PLLC

Get That Gas Moving - The Increase of Natural Gas Pipeline Construction and Impacts

There has been a significant increase in the number of new natural gas pipeline projects being built in the last two years in order to satisfy the nation's energy demand. From 2011 to 2015, FERC approved 111 major pipeline...more

WilmerHale

Infrastructure Series: Fast-Tracking Electric Transmission Infrastructure

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This is the third issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Orrick, Herrington & Sutcliffe LLP

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

Akin Gump Strauss Hauer & Feld LLP

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

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