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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

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 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

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 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

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