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
Federal Energy Regulatory Commission Chairman Neil Chatterjee on April 2, 2020, announced the commission’s plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing...more
Commission Chairman Neil Chatterjee held a press conference on March 19 to discuss FERC’s work during the current pandemic, provide updates regarding the coronavirus (COVID-19), and respond to questions from the media. ...more
The US Court of Appeals for the Fourth Circuit resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more
2/19/2020
/ Adjudicatory Process ,
Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Civil Monetary Penalty ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Notice Requirements ,
Regulatory Requirements ,
Regulatory Violations ,
Statute of Limitations ,
Tucker Act ,
Wholesale
A declaratory order issued by the Federal Energy Regulatory Commission (the Commission) on January 30 in Docket No. RP20-41-000 grants pipeline developers greater certainty in planning and siting construction. The order was...more
2/7/2020
/ Asset Seizure ,
Construction Project ,
Eminent Domain ,
Energy Projects ,
FERC ,
Infrastructure ,
Land Developers ,
Natural Gas ,
Natural Gas Act ,
Pipelines ,
Property ,
Property Ownership ,
Right of Way ,
Site Plans ,
State-Owned Enterprises
The White House’s Council on Environmental Quality (CEQ) today published in the Federal Register a notice of proposed rulemaking (NPRM) titled, “Update to the Regulations Implementing the Procedural Provisions of the National...more
The Commodity Futures Trading Commission (CFTC) filed and settled charges on October 24 against Upstream Energy Services LLC (Upstream Energy) for acting as an unregistered futures commission merchant. The Commission’s order...more
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
President Donald Trump signed a pair of executive orders on October 9 that may limit the impact of an agency’s use of informal guidance documents. The executive orders express concern that agency guidance, which includes...more
On June 14, the US Court of Appeals for the DC Circuit vacated and remanded two challenged orders and directed FERC to explain or reconsider whether data made available after a challenged rate increase becomes effective...more
Currently at issue before the US Court of Appeals for the First Circuit is whether the filed rate doctrine prevents a court from assessing the reasonableness of a utility’s rates in the retail market. Under the filed rate...more
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
FERC issued an order on May 16 rescinding its 2009 policy of issuing Notices of Alleged Violations (NAVs) after the subject of an investigation is given an opportunity to respond to FERC Enforcement Staff’s preliminary...more
The US Supreme Court has denied a petition for certiorari filed by the Delaware Riverkeeper Network, which challenged a decision by the US Court of Appeals for the Third Circuit concerning Pennsylvania’s water quality...more
Rate reductions across the natural gas sector could materialize as a result of the Federal Energy Regulatory Commission’s ongoing investigation of benefits gained by the recent reduction in the federal corporate income tax...more
The Federal Energy Regulatory Commission recently issued two orders intended to alleviate concerns that jurisdictional natural gas pipelines may be over-recovering cost-of-service rates due to (1) a reduction of the federal...more
Regional transmission operator PJM Interconnection, L.L.C. recently changed its operating manual to require that generating entities experiencing direct or indirect changes in ownership or control notify PJM of such changes...more
The Federal Energy Regulatory Commission is seeking stakeholder comments through a Notice of Inquiry as it contemplates updating its policy statement on how FERC-jurisdictional facilities are reviewed and authorized....more
Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation and enhance competition in regional transmission organization and...more
Over a half dozen natural gas rate proceedings are expected to be initiated in 2018, many of which will raise issues such as the impact of the new tax laws on rates and the inclusion of a pipeline modernization tracker in...more
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
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
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
7/29/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Agency Deference ,
Civil Monetary Penalty ,
De Novo Standard of Review ,
Discovery ,
Due Process ,
Electricity ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
Federal Rules of Civil Procedure ,
FERC ,
Market Manipulation ,
Order to Show Cause
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
7/21/2016
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Business Entities ,
Federal Power Act ,
FERC ,
Interstate Commerce ,
Natural Gas Act ,
Pass-Through Entities ,
Pipelines ,
REIT ,
Tax Allocation Agreements ,
Tax Allowances ,
Tax Liability ,
United Airlines
The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities.
On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more
6/29/2016
/ Barack Obama ,
Department of Health and Human Services (HHS) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Agency Taskforce ,
FERC ,
Hazardous Substances ,
Natural Gas ,
Oil & Gas ,
PHMSA ,
Pipelines ,
PIPES Act ,
Public Safety