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Implications of the Bulk-Power System Electrical Equipment Executive Order on energy infrastructure transactions

On May 1, 2020, President Trump issued an “Executive Order on Securing the United States Bulk-Power System,” aimed at preventing cyberattacks to and interference by foreign adversaries with the US power grid. Specifically,...more

IRS releases 2019 inflation adjustment for section 45Q carbon oxide sequestration credit

On May 13, 2019, the Internal Revenue Service (IRS) released Notice 2019-31, which provides the 2019 inflation adjusted amounts for the section 45Q carbon oxide sequestration credit. The section 45Q carbon oxide sequestration...more

FERC directs NERC to adopt revised cyber security incident reporting requirements

The Federal Energy Regulatory Commission (FERC) has directed the North American Electric Reliability Corporation (NERC) to revise its Reliability Standards to develop enhanced Cyber Security Incident reporting requirements....more

NERC and power company reach settlement on violations of cybersecurity standards

With increased awareness of the urgent threat that cybersecurity failures pose to critical infrastructure, regulators have been stepping up their enforcement efforts, particularly against those entities that fail to establish...more

NIST Releases Second Draft of Revised Cybersecurity Framework

Revising its guidance on internal assessments and highlighting the importance of managing cybersecurity within supply chains, the National Institute of Standards and Technology (NIST) released the second draft of Version 1.1...more

Plan of Defense: White House Issues Executive Order on Cybersecurity

On May 11, 2017, President Trump signed an Executive Order (EO) on “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” The EO provides a blueprint for how the Administration will approach...more

FERC Proposes Expansive “Connected Entity” Reporting Requirement

The Federal Energy Regulatory Commission (FERC) has proposed requiring the operators of centralized wholesale power markets to collect and provide to FERC a broad range of market participant data, including (i) each market...more

Eighth Circuit Upholds FERC Rule on Co-op Avoided Cost Rates

The U.S. Court of Appeals for the Eighth Circuit has upheld the long-standing determination by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by a distribution cooperative for energy purchased...more

10/9/2015  /  Appeals , FERC , Power Plants , PURPA

FERC Confirms Distribution Cooperatives Must Purchase QF Output

A distribution cooperative must purchase the electrical output made available to it by a qualifying facility (QF), notwithstanding restrictions in the cooperative’s all-requirements contract with its generation and...more

6/29/2015  /  Electricity , FERC , PURPA

D.C. Circuit Vacates 100-Hour Exemption for Emergency Generators

On May 1, 2015, the D.C. Circuit in Delaware v. EPA vacated a portion of EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for Reciprocating Internal...more

FERC Issues a NOPR Reforming Gas Day and Two Orders to Improve Natural Gas – Electric Generation Industry Coordination

On March 20, 2014, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) and two separate, but related, Orders to improve the coordination of scheduling natural gas pipeline capacity to...more

NIST Cybersecurity Framework – What It Is and What It Means for the Energy Industry

The federal government’s long-awaited Cybersecurity Framework offers promising tools for energy companies to manage their cybersecurity risk, but leaves many questions unanswered. The National Institute of Standards and...more

Out With the Old, in With the New – CIP Version 5 on the Horizon

Electric utilities and other generation and transmission companies will be subject to new cybersecurity standards under a proposed rule issued by the Federal Energy Regulatory Commission (FERC). FERC proposed to approve the...more

Legal Alert: New Regulation Under Cybersecurity Executive Order

President Obama yesterday issued an Executive Order to address the growing cyber threat to the Nation’s “critical infrastructure,” a term broadly defined to potentially cover natural gas and oil pipelines, storage sites and...more

New Reliability Compliance Opportunities in 2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

1/2/2013  /  Compliance , Electricity , FERC , NERC , Penalties
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