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FERC Accepts CAISO’s Proposed Generator Interconnection Process Enhancements To Facilitate Project Downsizing

On July 31, 2014, the Federal Energy Regulatory Commission (FERC) accepted amendments to the California Independent System Operator Corporation (CAISO) tariff designed to improve the efficiency and flexibility of the CAISO’s...more

FERC Issues Notice of Alleged PJM Market Manipulation to Alan Chen and Powhatan Energy Fund, LLC

On August 5, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

Déjà Vu, All Over Again: Seventh Circuit Again Remands PJM’s Cost Allocation Methodology for New, High-Voltage Transmission...

On June 25, 2014, the U.S. Court of Appeals for the Seventh Circuit, with Judge Richard A. Posner writing for himself and Judge John Daniel Tinder, granted petitions for review of Federal Energy Regulatory Commission (FERC)...more

FERC Issues Notice of Alleged MISO Market Manipulation

On June 12, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a formal, nonpublic...more

6/16/2014  /  FERC , Market Manipulation , MISO

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

Facing Civil Penalty, Paper Mill Asks District Court to Find that FERC Lacks Jurisdiction Over Demand Response

After a long investigation dating back to 2008, the Federal Energy Regulatory Commission (Commission) concluded in 2013 that Lincoln Paper and Tissue, LLC (Lincoln), a Maine paper mill, had engaged in fraud through its...more

Third Circuit Upholds FERC Orders on PJM’s Minimum Offer Price Rule

On February 20, 2014, the United States Court of Appeals for the Third Circuit denied several petitions for review challenging a series of 2011 orders from the Federal Energy Regulatory Commission (the Commission or FERC)....more

2/24/2014  /  Anti-Competitive , FERC , PJM , Supremacy Clause

FERC Responds to Senate Inquiry about Physical Grid Security

On February 11, 2014, Acting Chairman Cheryl A. LaFleur of the Federal Energy Regulatory Commission (FERC) responded to a letter from four members of the Senate, which asked if further regulatory measures were needed to...more

2/17/2014  /  FERC , Infrastructure , Utilities Sector

Louis Dreyfus Unit Settles FERC Enforcement Action Regarding Alleged MISO FTR Market Manipulation

On February 7, 2014, the Federal Energy Regulatory Commission (FERC) approved a Stipulation and Consent Agreement between the Office of Enforcement (OE) and Louis Dreyfus Energy Services, L.P. (LDES) to resolve an...more

2/10/2014  /  FERC , Market Manipulation , MISO

New York Association of Public Power Files Complaint to Reduce Niagara Mohawk Power Corporation’s ROE

On February 6, 2014, the New York Association of Public Power (NYAPP) filed a second complaint (Second Complaint) against Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) asking the Federal Energy Regulatory...more

FERC Approves PJM’s Proposed Changes to Market Rules Governing the Participation of Demand Response Products in the Capacity...

On January 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving rule changes proposed by PJM Interconnection, L.L.C. (PJM) to the clearing of its capacity market, referred to as the Reliability...more

Fourth Circuit Upholds FERC Transmission Incentives Order Despite Intervening Change in Policy

On January 24, the U.S. Court of Appeals for the Fourth Circuit upheld an order issued by the Federal Energy Regulatory Commission (FERC) in 2012 denying rehearing (Rehearing Order) of a 2008 order granting Virginia Electric...more

FERC Requests that U.S. District Court Affirm Penalties for Market Manipulation

On October 1, 2013, we reported here that the Federal Energy Regulatory Commission (FERC) issued orders on August 29, 2013, assessing civil penalties against, and requiring disgorgement of profits by, Lincoln Paper and...more

FERC Reforms Small Generator Interconnection Procedures and Agreement to Facilitate Interconnection of Small Solar Generation and...

On November 22, 2013, the Federal Energy Regulatory Commission (FERC) issued a Final Rule (Order No. 792) promulgating reforms to its pro forma Small Generator Interconnection Procedures (SGIP) and pro forma Small Generator...more

End-Users Seek Reduction in Base ROEs for Midwest Transmission Owners

On November 12, 2013, a group of industrial and commercial end-users in the Midwest filed a complaint at the Federal Energy Regulatory Commission (FERC) against the Midcontinent Independent System Operator, Inc. (MISO) and...more

FERC Requires All Generators To File Rate Schedules To Provide Reactive Power Service, Even if the Service Is Uncompensated

In a move that could have a significant impact on electric generators, the Federal Energy Regulatory Commission (FERC) recently clarified its policy with respect to the provision of reactive power service. The provision of...more

Federal Court Finds New Jersey’s Long-Term Capacity Pilot Project Unconstitutional

On October 11, 2013, the United States District Court for the District of New Jersey issued its decision in PPL Energyplus, LLC v. Hanna. This case follows a recent decision in which the U.S. District Court for the District...more

Rep. McKinley Introduces Legislation to Exempt Certain Natural Gas Facilities from Regulation under the Natural Gas Act

On September 27, 2013, Rep. David McKinley (R-WV) introduced H.R. 3208 (To clarify that certain natural gas facilities are not subject to the Natural Gas Act). The proposed legislation is intended to eliminate barriers to...more

Federal Court Finds Maryland’s Long-Term Contract for Differences Unconstitutional

On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more

FERC Orders Civil Penalties and Disgorgement for Manipulation of ISO New England Load Response Program

On August 29, 2013, the Federal Energy Regulatory Commission (FERC) issued three orders assessing civil penalties on, and requiring disgorgement of profits by, Lincoln Paper and Tissue, LLC (Lincoln), Competitive Energy...more

Project Perspectives Summer 2013 Edition

In this issue: - Tax Indemnity Considerations for Developers Entering into Investment Tax Credit Transaction - FERC’s Office of Enforcement Takes Aim at the Financial Industry - Minding the Gap: Managing...more

FERC and California Take Steps to Facilitate Markets for Electric Energy Storage

On July 28, 2013, the Federal Energy Regulatory Commission (FERC) issued Order 784, which opens new markets for electric energy storage effective in November 2013. Order 784 reformed FERC’s so-called “Avista Rule,” which...more

DOE Conditionally Approves Lake Charles Terminal LNG Exports to Non-Free Trade Agreement Nations

On August 7, 2013, the U.S. Department of Energy, Office of Fossil Energy (DOE/FE) issued an Order Conditionally Granting Long-Term Multi-Contract Authorization to Export Liquefied Natural Gas by Vessel from the Lake Charles...more

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