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FERC Issues 2017 Enforcement Report

Report adds transparency on surveillance activities and confirms that despite the lack of quorum for much of FY 2017, FERC enforcement activity continued prior trends....more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains

The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more

FERC Cuts Regulatory Burden on Tax Equity Investments in Renewable Generation

Agency clarifies that Section 203 approval is not required for tax equity investments with specified, limited veto and consent rights....more

US Energy Secretary Directs FERC to Issue Rules Supporting Nuclear, Coal Generation

If the proposed rules are adopted, they could provide significant economic support to coal and nuclear generation in organized markets....more

NERC Issues Recommendations on Inverter-related Solar Outages

Inverter disconnect events increasingly pose a reliability risk with the growth of solar generation. On June 8, the North American Electric Reliability Corporation (NERC) released its report on the loss of 1,200 MW of solar...more

6/12/2017  /  Energy Sector , FERC , NERC , Solar Energy

White House Releases Checklist to Improve Grid Resiliency

The new plan builds on efforts to improve the response to attacks and disasters but recognizes that the needed investments may require regulatory changes to ensure cost recovery by utilities....more

2016 FERC Enforcement Report: Trends Continue, with More Court Fights

The report shows a continued focus on manipulative conduct in energy markets as well as serious mandatory reliability standards violations, but also shows FERC’s increasing caseload in federal court....more

Federal Court Grants Full Civil Trial to FERC Enforcement Target

The decision will likely affect the strategies of enforcement targets in electric market manipulation cases. For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

FERC to Strengthen Protections for Infrastructure Information

Implementing new statutory authority, FERC proposes revised regulations to secure and share Critical Electric Infrastructure Information and penalize its unauthorized disclosure....more

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

FERC Conference to Address Implications of Binding Transmission Development Bids

FERC rejected a transmission developer’s request that binding revenue requirement transmission project bids should be deemed just and reasonable and subject to Mobile-Sierra protections, but announced a technical conference...more

Highway Bill Adds New Security Measures to Federal Power Act

Amendments to Federal Power Act grant the DOE authority to order emergency protective actions by utilities, provide greater protections for Critical Energy Infrastructure Information, and exempt utilities from environmental...more

Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

FERC proposes to grant itself access to NERC’s Transmission Availability Data System, Generating Availability Data System, and Protection System Misoperations Database. On September 17, the Federal Energy Regulatory...more

FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers

The policy would impose greater scrutiny and controls on “transaction-related” costs that utilities commit not to pass through to ratepayers and would open the door to cost recovery for acquisitions driven by utility need....more

Federal Agencies Cannot Be Fined for Reliability Standard Violations

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more

D.C. Circuit Rejects Challenges to FERC’s Order No. 1000

The court turned back all challenges to FERC’s order, which imposed major regional transmission planning requirements, concluding that FERC has adequately justified the order and acted within its statutory authority....more

FERC Proposes to Approve NERC Physical Security Standard

In proposing to approve NERC’s new Physical Security Reliability Standard, FERC also seeks the ability to identify facilities that must be protected....more

FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings

In a trio of orders, FERC softened its approach to considering the effects of state law rights of first refusal in Order No. 1000 regional transmission planning, suggesting a move toward deference to state legal limitations...more

FERC Directs Reliability Standards for Physical Security

New Reliability Standards will require physical protections for critical electric system facilities, including substations and control centers. Following well-publicized threats to the physical security of electric...more

3/12/2014

FERC Approves Version 5 CIP Reliability Standards, Rejects Key Reforms

The Commission rejects NERC’s proposal to reform the existing “zero tolerance” to CIP compliance, describing the proposal as too ambiguous and unworkable. On November 22, the Federal Energy Regulatory Commission (FERC...more

NERC Fines Generator for Violations Related to Lead Line Operations

Filing reminds generators with significant high-voltage tie lines that they can be subject to Reliability Standards typically applied to transmission owners and transmission operators. ...more

FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards

Major revisions to the existing cybersecurity requirements for electric utilities will focus on greater protections for the most critical assets but will also ensure that all assets receive some level of protection....more

4/23/2013  /  CISPA , Cybersecurity , Electricity , FERC , NERC , NIST , NOPR , Power Grid

President Obama Signs Executive Order on Cybersecurity

Order will create a voluntary Cybersecurity Framework for designated critical infrastructure within a year. On February 12, President Barack Obama signed an executive order directing the Department of Homeland Security...more

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