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DOE Releases Draft Roadmap to Address Interconnection Challenges for Clean Energy Projects

On October 25, 2023, the Department of Energy (“DOE”) released a draft roadmap addressing challenges to the interconnection of clean energy projects to the transmission grid. The roadmap, developed by the Interconnection...more

In Order No. 2023, FERC Takes Step in Reforming Transmission Grid Policies by Enacting Generator Interconnection Reforms

On July 28, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) unanimously approved Order No. 2023,[1] a Final Rule designed to streamline the process by which generation resources can connect to the...more

Accounting for Change: FERC Proposes Accounting and Financial Reporting Reforms to Address Renewable Energy Assets

The Federal Energy Regulatory Commission (“FERC” or “Commission”) recently issued a Notice of Proposed Rulemaking (“NOPR”) to address industry concerns that FERC’s current Uniform System of Accounts (“USofA”) does not...more

DOE Kicks Off Supplemental Environmental Review of the Alaska LNG Project

On July 2, 2021, the Department of Energy’s Office of Fossil Energy (“DOE/FE”) issued a Notice of Intent (“Notice”) to Prepare a Supplemental Environmental Impact Statement (“SEIS”) for the Alaska LNG Project (“Project”)....more

CFTC Issues Guidance Regarding Factors to Be Used in Evaluating Corporate Compliance Programs

On September 10, 2020, the Commodity Futures Trading Commission’s (“CFTC” or “the Commission”) Division of Enforcement (“the Division”) issued guidance for CFTC staff on the factors to be considered when evaluating compliance...more

D.C. Circuit Upholds FERC’s Rules Encouraging Electric Storage Participation in Wholesale Markets

On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied challenges1 to the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) final rule on electric storage...more

Breaking with Precedent, D.C. Circuit Holds FERC Lacks Authority to Issue Tolling Orders under the Natural Gas Act

On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) practice of issuing tolling orders...more

Energy Infrastructure Today: Permitting & FERC Case Law Updates

Stakeholders in the U.S. infrastructure industry should note that ongoing litigation and new court decisions issued in the first half of 2020 are reshaping the development of energy projects....more

FERC Establishes Revised ROE Methodologies for Public Utilities and Pipelines

On May 21, 2020, the Federal Energy Regulatory Commission (“FERC”) issued two orders addressing methodologies for analyzing the base return on equity (“ROE”) components of rates of FERC-regulated entities. In Opinion No....more

FERC Provides Additional Regulatory Relief and Guidance in Response to Coronavirus Pandemic

On April 2, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) announced several measures intended to provide relief to regulated entities responding to the COVID-19 pandemic....more

FERC Issues Guidance and Regulatory Relief in Connection with Coronavirus Response

On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) announced several regulatory responses to the coronavirus pandemic and FERC Chairman Neil Chatterjee held a press conference to discuss the...more

FERC Issues Penalty Assessment in Vitol CAISO Market Manipulation Proceeding

The Federal Energy Regulatory Commission issued an Order Assessing Civil Penalties, imposing approximately $1.5 million in civil penalties on Vitol Inc. and one million dollars in penalties on a Vitol trader. In a departure...more

FERC Further Clarifies Its Orders Reforming Generator Interconnection Procedures and Agreements

On August 16, 2019, the Federal Energy Regulatory Commission (“FERC” or “the Commission”) issued an order granting in part and denying in part requests for further clarification of its reform of Large Generator...more

FERC Issues Show Cause Order Proposing $6.8M in Civil Penalties to Vitol Inc. and Individual Trader and $1.2M Disgorgement for...

Recently, FERC issued an Order to Show Cause why Vitol Inc. and its co-director of financial transmission rights trading should not be found to have engaged in market manipulation by selling physical power in CAISO at a loss...more

Council on Environmental Quality Seeks Public Comment on Draft NEPA Greenhouse Gas Emission Guidance

The Council on Environmental Quality has published Draft Guidance to federal agencies to evaluate the effects of greenhouse gas emissions under the National Environmental Policy Act. The Draft Guidance is largely consistent...more

In PG&E Bankruptcy, FERC Reasserts Concurrent Jurisdiction over the Disposition of Wholesale Power Contracts

With the May 1 order, the Commission reaffirms its view that it has concurrent jurisdiction over debtors’ efforts to reject their FERC-jurisdictional contracts in bankruptcy. Further developments in judicial proceedings in...more

FERC Reaffirms Its Final Rule on Rate Changes Relating to Federal Income Tax Rates for Natural Gas Pipelines

The Commission’s recent order upholds the Form No. 501-G filing requirement, which was designed to determine whether pipelines are over-recovering on their cost of service in light of recent federal income tax rate and policy...more

FERC Issues Notice of Inquiry Regarding Electric Transmission Incentives Policy

According to FERC Chairman Chatterjee, the electric transmission incentives NOI and a concurrently-released NOI on the Commission’s ROE policy “will be critical to ensuring that the energy revolution we’re currently...more

FERC Revises Interlocking Officer and Director Regulations

Order No. 856 eases somewhat the requirements for when an individual must file an application for public utility-bank interlocks, or report a notice of change for certain pre-authorized positions. However, holders of such...more

FERC Adopts Regulations Implementing $10 Million Threshold for Review of Public Utility Mergers and Consolidations

Mark R. Haskell, George D. Billinson, and Lamiya N. Rahman On February 21, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a final rule implementing statutory amendments to section 203(a)(1)(B)...more

FERC Commissioners Approve the Venture Global Calcasieu Pass LNG Export Project but Signal Divisions in Approaches to Evaluating...

On February 21, 2019, the Federal Energy Regulatory Commission (“FERC” or “the Commission”) issued an order authorizing Venture Global Calcasieu Pass, LLC (“Calcasieu Pass”) to site, construct, and operate a new liquefied...more

FERC Clarifies and Revises Certain Aspects of Its Final Rule Reforming Large Generator Interconnection Procedures and Agreements

Energy February 2019 (No. 1) Public Utility Transmission Providers are directed to file a single compliance filing that implements the reforms to the pro forma large generator interconnection procedures and agreements. The...more

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