Transmission Lines

News & Analysis as of

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

FERC Rule Gives Gen-Tie Owners Safe Harbor From Third-Party Transmission Requests

On March 19, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 807, a rule that makes it easier for developers of non-utility transmission lines that connect power projects to the grid to avoid having to...more

FERC issues EIS for Algonquin Incremental Market gas project

Staff of the Federal Energy Regulatory Commission have issued a final Environmental Impact Statement for a proposed natural gas transmission project connecting New York and New England. In that report, Commission staff found...more

Electricity Transmission and Distribution Equipment Ineligible for Georgia Sales Tax Manufacturing Exemption

The Georgia Tax Tribunal has held that an electric utility’s transmission and distribution equipment was not “necessary and integral to the manufacture of tangible personal property” and thus did not qualify for an exemption...more

Developer applies to VT for Clean Power Link transmission line

A proposed electric transmission line from Quebec into New England took a step forward this week, as the developer of the New England Clean Power Link applied to Vermont regulators for key project approvals....more

US Presidential Permits for cross-border infrastructure

As the U.S.'s international trade in energy grows, so too has interest in the process for securing a federally required approval known as a Presidential Permit. The construction, operation, and maintenance of...more

Managing a FERC audit

What happens when the Federal Energy Regulatory Commission audits a public utility? The Federal Energy Regulatory Commission has jurisdiction over interstate transmission of electricity, natural gas, and oil, as well...more

Rhode Island offshore transmission line

Federal regulators have granted a right-of-way in federal waters for an electric transmission line connecting to the proposed Block Island offshore wind farm off Rhode Island. The Bureau of Ocean Energy Management describes...more

Feds approve Quebec-to-NY power line

A proposed electric transmission line connecting Quebec to New York will receive a key federal approval, according to the U.S. Department of Energy. The Energy Department's decision to issue a Presidential permit to...more

DOE Issues Draft Triennial National Electric Transmission Congestion Study

On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more

Non-Incumbent Transmission Developers Win with Court’s Affirmance of FERC’s Order No. 1000

Non-incumbent transmission developers scored a big win last week. As we previously reported here, the D.C. Circuit Court of Appeals upheld FERC’s Order No. 1000. Among other things, Order 1000 mandated that a regional...more

D.C. Circuit Rejects Challenges to FERC’s Order No. 1000

The court turned back all challenges to FERC’s order, which imposed major regional transmission planning requirements, concluding that FERC has adequately justified the order and acted within its statutory authority....more

FERC Proposes to Approve NERC Physical Security Standard

In proposing to approve NERC’s new Physical Security Reliability Standard, FERC also seeks the ability to identify facilities that must be protected....more

FERC Proposes New Policy Restricting Third-Party Use of Interconnection Facilities

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) proposed new rules and policies that would make it easier for the developers of non-utility transmission lines that connect their power projects to the grid to...more

Supreme Court Denies Appeal of the Riverside Transmission Reliability Project CPUC Decision

The California Supreme Court denied the City of Jurupa Valley’s appeal of the California Public Utilities Commission’s decision on the Riverside Transmission Reliability Project. Given that the court denied review, the CPUC’s...more

FERC Defers to Exclusionary State and Local Laws in Transmission Planning

In three separate rehearing orders issued last Thursday, May 15, 2014, the Federal Energy Regulatory Commission reversed course on its decision in Order No. 1000 to prohibit references in transmission tariffs to state laws...more

Important Case on Subsurface Trespass Pending before the Texas Supreme Court

Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more

New Jersey Appeals Court Interprets Force Majeure Clause In NAESB

In a ruling of significant importance for those confronting force majeure (“FM”) issues in natural gas trades, and a win for Hess Corporation (“Hess” or “Plaintiff”), the Superior Court of New Jersey, Appellate Division ruled...more

Federal District Court Casts Doubt on the Constitutionality of State Regulation of the Carbon Content of Imported Electricity

Can states constitutionally regulate the carbon content of imported electricity? A recent decision by federal district court in Minnesota may curtail such state regulation, at least in states that are part of pooled...more

The Price of Developing Power Projects in Kern County Just Went UP

The East Kern Wind Resource Area (EKWRA)--it's a mouthful--and it's also a hotbed for renewable energy development and the location of a fight over millions of dollars among Southern California Edison (SCE), the California...more

FERC Proposes Development of Physical Security Standards for the Bulk-Power System

On March 7, 2014, the Federal Energy Regulatory Commission ("FERC") directed the North American Electric Reliability Corporation ("NERC") to develop reliability standards requiring owners and operators of the Bulk-Power...more

Favorable Winds Continue to Blow for TransWest Express Transmission Project

On March 24, 2014, the U.S. Department of Energy’s National Renewable Energy Laboratory (NREL) released its “California-Wyoming Grid Integration Study, Phase 1 – Economic Analysis” which examines the economics of new...more

New England Clean Power Link proposed

A developer of electric transmission lines has proposed a new line that would connect New England to Quebec. The so-called New England Clean Power Link would run about 150 miles from the U.S.-Canadian border to Ludlow,...more

End-Users Seek Reduction in Base ROEs for Midwest Transmission Owners

On November 12, 2013, a group of industrial and commercial end-users in the Midwest filed a complaint at the Federal Energy Regulatory Commission (FERC) against the Midcontinent Independent System Operator, Inc. (MISO) and...more

Transmission Line Developers Post a Win

A federal court in Washington, D.C. gave some encouragement to transmission line developers—not to mention sponsors of other linear projects, like gas or water pipelines....more

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