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FERC and NERC Staff Change Course on Disclosure of CIP Violators

Following significant pushback from the regulated community, FERC and NERC Staff jointly announced in a new white paper that filings and other submissions to FERC describing violations of cybersecurity reliability standards...more

FERC Breaks New Ground with DER Aggregation Order

Under Order No. 2222, the Federal Energy Regulatory Commission hopes to “usher in the electric grid of the future” by opening wholesale markets to distributed energy resource aggregations. ...more

FERC Issues Rule to Implement Revisions to PURPA Regulations

FERC has issued a final rule, Order No. 872, revising the Commission’s regulations governing qualifying small power producers and co-generators (collectively, qualifying facilities or QFs) under the Public Utility Regulatory...more

FERC Rejects Calls to Overturn Net-Metering Policy

The latest action by the Federal Energy Regulatory Commission dismisses an advocacy group’s request that FERC assert jurisdiction over net-metering transactions on procedural grounds, leaving important legal and...more

FERC’s Energy Storage Rule Upheld on Appeal

On July 10, the US Court of Appeals for the DC Circuit found that the Federal Energy Regulatory Commission was well within its rights to prevent states from prohibiting energy storage resources from participating in wholesale...more

FERC Seeks Input on Cyberthreats to Small Generators, Mulls Regulatory Action

At its June 18 open meeting, FERC issued a notice of inquiry seeking public input on cybersecurity-related enhancements to the Critical Infrastructure Protection (CIP) reliability standards. In light of the constantly...more

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

President Orders Restrictions on Import and Use of Foreign Power Equipment

President Donald Trump signed an executive order on May 1 declaring that the use of bulk-power system equipment supplied by companies controlled by certain foreign nations poses an extraordinary threat to the US power grid....more

Advocacy Group Asks FERC to Reverse Course on Net-Metering Policy

A nonprofit advocacy group recently asked FERC to overturn a policy that has been in effect for more than a decade and assert jurisdiction over energy sales from rooftop solar facilities and other distributed generation...more

FERC Defers Implementation of Certain Cybersecurity and Operational Reliability Standards

In an order issued on April 17, the Federal Energy Regulatory Commission (FERC) agreed to defer implementation of certain cybersecurity and operational reliability standards administered by the North American Electric...more

CISA Expands Classification of ‘Essential’ Energy Workers, Seeks Their Exemption from Local Orders Restricting Movement

The US Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA) issued Version 3.0 of its guidance on April 17 on identifying essential critical infrastructure workers amid the coronavirus...more

FERC/NERC Provide Compliance Flexibility for Certain Standards During Pandemic

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic. ...more

FERC/NERC Notice Gives Utilities Some Compliance Flexibility During COVID-19

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic....more

Pandemic Planning: Electric Reliability Maintenance and Standards Compliance

Following the increased spread of COVID-19 within the United States, the North American Electric Reliability Corporation (NERC) issued a Level 2 Alert on March 10 to all users, owners, and operators of the bulk-power system,...more

Cyberattack Forces Gas Pipeline Shutdown

A cyberattack on a single gas compression facility resulted in the shutdown of a natural gas pipeline for two days, according to a recent alert from the US Department of Homeland Security’s Cybersecurity and Infrastructure...more

Key Legal Considerations for ‘In Front of the Meter’ Energy Storage Procurement

Annual deployments of energy storage resources in the United States have increased nearly tenfold since 2014, from only 62 MW in 2014 to nearly 500 MW expected for 2019. The big question is whether the nascent energy storage...more

FERC Announces New Initiatives to Bolster Cybersecurity Focus

At its open meeting on November 21, FERC announced organizational changes to enhance the agency’s focus on cybersecurity threats and challenges to electric infrastructure. Commission staff unveiled five “focus areas” related...more

FERC Approves PJM and SPP Storage Models, but Wants a Closer Look at Minimum Run Times

FERC recently issued a pair of orders approving the electric storage market participation proposals of PJM Interconnection, Inc. (PJM) and Southwest Power Pool, Inc. (SPP). PJM and SPP submitted those proposals to comply with...more

FERC Issues New CIP Compliance Recommendations

FERC Staff issued an October 4 report on Commission-led critical infrastructure protection (CIP) reliability audits completed during fiscal year 2019. The report provides lessons learned and identifies voluntary practices...more

FERC Approves Expanded Cyber Incident Reporting Requirements for Electric Utilities

FERC recently approved proposed Reliability Standard CIP-008-6, which expands the mandatory reporting requirements for Cyber Security Incidents that attempt to compromise the operation of the bulk power system. Under the new...more

New York Launches Utility Procurements to Reach 3 GW Energy Storage Target

Consolidated Edison Company of New York, Inc. (Con Edison) and Orange and Rockland Utilities, Inc. (O&R) issued a draft joint Request for Proposals (RFP) on May 31 to competitively procure scheduling and dispatch rights from...more

NERC Suggests Expansion of Utility Supply Chain Controls

The supply chain risks facing electric utilities have long been a concern for industry stakeholders and regulators alike. Reflecting those concerns, NERC submitted a report on May 28 to FERC recommending the expansion of...more

FERC Report Highlights Changing Resource Mix

A recent grid reliability report issued by staff members of the Offices of Electric Reliability and Enforcement within FERC evaluating the upcoming operating season underscored the changing generation resource mix in the...more

FERC Upholds Landmark Energy Storage Market Participation Rule

The May 16 Order on Rehearing affirms FERC’s jurisdictional authority, and refuses calls for state opt-outs. The Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 841 early last year, a final rule...more

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