The U.S. electric grid is a prime target for cyberattacks, including by both nation-state actors and organized crime. Electric utilities have been ahead of much of the rest of the energy sector in hardening their...more
The Federal Energy Regulatory Commission (FERC) has issued an order with major implications for sellers with market-based rate (MBR) authority. Issued at the FERC’s meeting on September 22, 2022, the order provides notice to...more
Just one month after issuing two policy statements expected to seriously impact the processing of applications for gas infrastructure projects, the Federal Energy Regulatory Commission (FERC) has made a midcourse correction...more
At its February 2022 meeting, the Federal Energy Regulatory Commission (FERC) approved two policy statements that will significantly affect its processing of applications for gas infrastructure projects. In its Updated...more
Sellers of wholesale electricity that have market-based rate (MBR) authority from the Federal Energy Regulatory Commission (FERC), or that will need to apply to FERC for such authority, should be aware of major regulatory...more
Order 872, issued by the Federal Energy Regulatory Commission (FERC) on July 16, 2020, makes some significant modifications to its regulations for Qualifying Facilities (QFs) under the Public Utility Regulatory Policies Act...more
The U.S. Court of Appeals for the D.C. Circuit, sitting en banc, has ruled that the Federal Energy Regulatory Commission (FERC) cannot delay the time for a judicial appeal by issuing a tolling order. FERC's long-standing...more
Federal Energy Regulatory Commission (FERC) electric regulation has traditionally put resources into defined categories (generation, transmission, distribution), but energy storage devices defy easy categorization. They can...more
The Federal Energy Regulatory Commission (FERC) recently issued a Proposed Policy Statement on tariff waiver requests that will apply to both electric and natural gas companies. FERC intends to stop granting requests for...more
In response to a motion by the North American Electric Reliability Corporation (NERC), and consistent with the policy statements and pronouncements reflecting flexibility in addressing proceedings during a pandemic, FERC...more
On April 2, 2020, FERC announced additional measures to provide flexibility to regulated entities responding to COVID-19 emergency conditions that disrupt, complicate, or change their normal business operations. We recently...more
As we discuss in a separate blog post, FERC and NERC jointly announced yesterday they would consider the impacts of COVID-19 on the ability of operators of the bulk electric system to comply with the Reliability Standards....more
On Wednesday, March 18, FERC and NERC jointly announced that they were exercising their regulatory discretion to consider the impacts of the COVID-19 outbreak on the ability of operators of the bulk electric system to comply...more