News & Analysis as of

Waivers Federal Energy Regulatory Commission

Troutman Pepper

FERC Rejects Solar Developer’s Request for Waiver of Security Posting Requirements After Using the Wrong Form; FERC Urges Tariff...

Troutman Pepper on

On November 30, 2023, the Commission denied a waiver request and a request for remedial relief from Ridgeview Solar LLC (“Ridgeview Solar”). Ridgeview Solar had sought a waiver or remedial relief from the procedural deadline...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2023

White & Case LLP on

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on November 16, 2023, pursuant to the sunshine notice released on November 9, 2023....more

Schwabe, Williamson & Wyatt PC

EPA’s Proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule Could Cause Ripple Effects With Project...

On June 1, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would modify its requirements for water quality certification under Clean Water Act (CWA) Section 401 (the “Proposed Rule”). The...more

Morgan Lewis - Power & Pipes

FERC Reiterates Importance of Filing Updated Form 556 for Qualifying Facilities

In an order denying a request to waive filing requirements triggered by changes in ownership of qualifying facility (QF) projects, the Federal Energy Regulatory Commission reiterated the importance of ensuring QF filings,...more

Morgan Lewis - Power & Pipes

FERC Extends Pandemic Emergency Waivers

FERC has issued an order extending the blanket waivers of all requirements to hold meetings in person and/or to provide or obtain notarized documents in open-access transmission tariffs through January 29, 2021....more

Jones Day

Industry Participants Weigh in on FERC Proposal to Limit Availability of Tariff Waivers

Jones Day on

The Situation: The Federal Energy Regulatory Commission ("FERC") issued a proposed policy statement that may signal a significant change to FERC's policy on waivers related to remedial relief. The Impact: While it is...more

Morgan Lewis - Power & Pipes

FERC Announces Proposal to Tighten Policy on Tariff Waivers

FERC issued a proposal on May 21 to modify its policy regarding requests for waiver of public utility tariff provisions that are subject to FERC’s review and approval under the Federal Power Act and the Natural Gas Act....more

Bracewell LLP

FERC Proposes To Limit Availability Of Tariff Waivers

Bracewell LLP on

At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements. As discussed...more

Akin Gump Strauss Hauer & Feld LLP

FERC Eases Small Residential Solar QF Filing Burden for Sunrun

On April 18, 2019, the Federal Energy Regulatory Commission (FERC) granted Sunrun, Inc. (Sunrun) limited waivers of FERC’s filing requirements for obtaining qualifying small power production facility (QF) status under the...more

Stoel Rives LLP

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

Stoel Rives LLP on

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Denies Waiver for Failure to File PURPA Qualifying Facility Self-Certification

On May 17, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted in part and denied in part a request by Zeeland Farm Services, Inc. (“Zeeland”) for a waiver of FERC’s regulations requiring small...more

Orrick, Herrington & Sutcliffe LLP

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

Stinson LLP

FERC Announces Plan To Change Open Access And Priority Rights Governing Generator Lead Lines - Interconnection Only Transmission...

Stinson LLP on

On May 15, the Federal Energy Regulatory Commission proposed to modify its policy concerning open access and priority rights to capacity for interconnection only transmission facilities. This proposal, if implemented, will...more

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