News & Analysis as of

Wholesale Federal Power Act

Balch & Bingham LLP

Beyond Chevron: The Future Of FERC’s Authority In A Post-Deference Era

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On June 28, 2024, the Supreme Court overruled Chevron in Loper-Bright Enterprises v. Raimondo, fundamentally altering the judicial approach to agency interpretations of the law, particularly when assessing an agency’s scope...more

Troutman Pepper

FERC Issues Policy Statement on Carbon Pricing in Organized Wholesale Electric Markets

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On April 15, 2021, FERC issued a long-awaited policy statement providing guidance on incorporating state-determined carbon pricing into organized markets operated by Regional Transmission Organizations (“RTOs”) and...more

Bracewell LLP

FERC Issues Carbon Pricing Policy

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On April 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its much anticipated policy statement on carbon pricing in organized markets. The non-binding policy statement provides guidance...more

Troutman Pepper

Commissioners Clash Over Proposed Policy Statement on Carbon Pricing

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On October 15, 2020, FERC issued a notice of proposed policy statement on state-determined carbon pricing in wholesale markets that clarified the agency’s jurisdiction over wholesale market rules incorporating...more

Blank Rome LLP

D.C. Circuit Upholds FERC’s Rules Encouraging Electric Storage Participation in Wholesale Markets

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On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied challenges1 to the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) final rule on electric storage...more

Morrison & Foerster LLP

D.C. Circuit Upholds FERC’s Electric Storage Rule

In a consequential case addressing the jurisdictional boundaries of federal and state authority over energy policy, on July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its...more

Morgan Lewis

Fourth Circuit Sides with FERC on Statute of Limitations in Some FPA Enforcement Proceedings

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The US Court of Appeals for the Fourth Circuit  resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more

Davis Wright Tremaine LLP

FERC Rules State Mandated Power Purchase Program Is Preempted by Federal Power Act

In 2018, the New Hampshire legislature enacted a law requiring electric distribution companies in the state to offer to purchase the net output of eligible biomass and waste facilities within their service territories at a...more

K&L Gates LLP

PG&E Bankruptcy Court Rejects FERC’s “Concurrent” Jurisdiction over PPA Rejection

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In response to the Federal Energy Regulatory Commission (“FERC”), the U.S. Bankruptcy Court for the Northern District of California held that the rejection of wholesale power purchase agreements “is solely within the power of...more

Akin Gump Strauss Hauer & Feld LLP

FERC Affirms Energy Storage Rule, Denies State Opt-Out

In an Order on Rehearing and Clarification issued at its May open meeting, the Federal Energy Regulatory Commission (FERC or “Commission”) generally affirmed Order No. 841, its 2018 Final Rule on electric storage. Electric...more

Blank Rome LLP

In PG&E Bankruptcy, FERC Reasserts Concurrent Jurisdiction over the Disposition of Wholesale Power Contracts

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With the May 1 order, the Commission reaffirms its view that it has concurrent jurisdiction over debtors’ efforts to reject their FERC-jurisdictional contracts in bankruptcy. Further developments in judicial proceedings in...more

K&L Gates LLP

FERC Grants Waivers to Exempt Solar Aggregator from Certain QF Requirements

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On April 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued an order granting a petition for declaratory order filed by Sunrun, Inc. (“Sunrun”) that exempted Sunrun, the nation’s largest residential solar...more

Davis Wright Tremaine LLP

FERC Issues Order Protecting Its Jurisdiction Over Wholesale Power Agreements of Bankrupt Utility

The Federal Energy Regulatory Commission has ruled that if any party purchasing electricity pursuant to a FERC-jurisdictional wholesale power agreement proposes to reject that contract as part of a reorganization under the...more

Holland & Knight LLP

FERC Asserts Its Authority to Review Rejection of Wholesale Power Agreements Days Before PG&E Files Bankruptcy

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On Jan. 25, 2019 – just days before Pacific Gas and Electric (PG&E) proposes to file its bankruptcy case – the Federal Energy Regulatory Commission (FERC) issued an order asserting its concurrent authority to approve proposed...more

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

K&L Gates LLP on

We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rejects Electric Generators’ Request to Adopt Centralized Capacity Market in California

In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Joins Seventh Circuit in Upholding Constitutionality of ZECs, Ending the Current Preemption Fight Against Nuclear...

On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Hands FERC Procedural Victory in Market Manipulation Enforcement Case While Confirming Statute of Limitations is a...

On September 24, 2018, the U.S. District Court for the Eastern District of Virginia denied defendants’ motion to dismiss the Federal Energy Regulatory Commission’s (FERC or “the Commission”) complaint in FERC v. Powhatan...more

Akin Gump Strauss Hauer & Feld LLP

Seventh Circuit Rejects Federal Preemption and Dormant Commerce Clause Challenges to Illinois Nuclear ZEC Program

In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more

Akin Gump Strauss Hauer & Feld LLP

Carbon Pricing Update: Assessing NYISO’s Carbon Pricing Straw Proposal

The New York Independent System Operator (NYISO) recently released a Carbon Pricing Straw Proposal (Proposal) to advance the State’s energy and environmental goals by reflecting the cost of carbon emissions in wholesale...more

Sullivan & Worcester

FERC Energy Storage Rule Creates New Opportunitites For Small, Low-Impact Hydropower Projects

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OVERVIEW - The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100...more

Stinson LLP

FERC Final Rule Boosts Electric Storage Participation in Organized Wholesale Electric Markets

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On February 15, 2018, the Federal Energy Regulatory Commission (FERC) issued Order No. 841, a final rule designed to facilitate greater participation by electric storage resources (including batteries, flywheels, compressed...more

Stinson LLP

Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

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On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more

Cadwalader, Wickersham & Taft LLP

DOE Directs FERC to Issue Rule to Set Cost-Based Rates for Baseload Plants

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing that Federal Energy Regulatory Commission (“FERC”) exercise its authority under sections 205 and 206 of the...more

Hogan Lovells

Department of Energy Proposes Major Changes to Wholesale Power Market Rules

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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

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