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Chevron Overruled

In a 6-3 decision, the Supreme Court overruled its long-standing Chevron doctrine and delivered a blow to federal agencies’ regulatory authority by vesting statutory interpretation in the judiciary....more

Between the lines: Drawing insights from FERC OE's Annual Report on Enforcement

Pursuant to the Federal Energy Regulatory Commission’s (FERC or Commission) Revised Policy Statement on Enforcement, the Commission’s Office of Enforcement (OE) each year publishes “annual statistical reports” summarizing its...more

Investor to affiliate: recent FERC decisions hold that appointment of non-independent board members can constitute control

Two recent FERC decisions hold that appointment of an investor’s own officers or directors, or other appointee accountable to the investor, to the board of a public utility or holding company that owns public utilities will...more

FERC NOPR seeks comment on proposed ratemaking incentives for transmission owner cybersecurity investments and expenses

On September 22, 2022, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (2022 NOPR) setting forth proposed utility incentives for expenses and investments relating to...more

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