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FERC Allows Cooperatives to Share QF Purchase Obligation

FERC granted a partial waiver requested by a generation and transmission service cooperative (Petitioner) of certain obligations under FERC’s regulations implementing Section 210 of the Public Utility Regulatory Act of 1978...more

FERC Issues Order Clarifying Affiliate Relations for Institutional Investors Under FPA Section 205

On March 18, FERC issued a highly anticipated order denying the petition for declaratory order filed by several electric public utilities addressing the extent to which equity ownership of multiple utility holding companies...more

NERC Supply Chain Requirements Expanded to Cover EACMS, PACS, and PCAs

FERC approved revisions to three Critical Infrastructure Protection (CIP) North American Electric Reliability Corporation (NERC) Reliability Standards to expand the scope of the assets subject to supply chain cybersecurity...more

FERC Issues License to Groundbreaking Wave Energy Testing Facility

FERC issued an original license for a period of 25 years, pursuant to Part I of the Federal Power Act, to Oregon State University (OSU) to construct, operate, and maintain the proposed PacWave South Hydrokinetic Project No....more

FERC to Examine Climate Change Threat to Electric Reliability

FERC announced on February 22 that it will open a new proceeding to examine the threats of climate change and extreme weather to electric reliability. The investigation will assess how grid operators prepare for and respond...more

FERC Sets Aside Prior Order on NYISO Buyer-Side Mitigation Rules

FERC has issued an order setting aside in part its prior order on New York Independent System Operator, Inc.’s (NYISO’s) buyer-side market power mitigation rules by reversing its decision not to exempt payments received under...more

FERC Clarifies Order on State-Directed Default Service Auctions in PJM

FERC has issued an order revising its prior order on PJM’s Minimum Offer Price Rule (MOPR) by vacating a footnote that suggested the New Jersey Basic Generation Service default service auction—and by extension other state...more

MISO Concludes High Renewable Penetration Possible with System Changes

Midcontinent Independent System Operator (MISO) has issued a report analyzing the effects of renewable energy growth in the MISO region and concluding that the system can reliably accommodate a significant percentage of...more

FERC Issues Notice of Inquiry on Financial Assurance Measures for Hydroelectric Projects

FERC has issued a notice of inquiry inviting comments on potential changes to its regulations requiring financial assurance measures in licenses and other authorizations for hydroelectric projects. As of December 2020, FERC...more

FERC Amends Definition of Useful Thermal Energy Output

FERC has issued a final rule, Order No. 874, expanding the eligibility criteria for Qualifying Facilities (QFs) as defined under the Public Utility Regulatory Policies Act of 1978 (PURPA) to enable certain fuel cell–based...more

Senate Confirms Two FERC Commissioners

The US Senate has confirmed the nominations of Mark Christie (R) and Allison Clements (D) to fill the remaining Republican and Democratic vacant seats on the Federal Energy Regulatory Commission. These confirmations restore...more

FERC Extends Pandemic Emergency Waivers

FERC has issued an order extending the blanket waivers of all requirements to hold meetings in person and/or to provide or obtain notarized documents in open-access transmission tariffs through January 29, 2021....more

FERC Issues Rule to Implement Revisions to PURPA Regulations

FERC has issued a final rule, Order No. 872, revising the Commission’s regulations governing qualifying small power producers and co-generators (collectively, qualifying facilities or QFs) under the Public Utility Regulatory...more

FERC to Convene Technical Conference on Long-Term Impacts of COVID-19 Pandemic

The Federal Energy Regulatory Commission (FERC) issued a notice on May 20 that it will convene a Commissioner-led technical conference to consider the ongoing, serious impacts that the emergency conditions caused by the...more

Update on Status of US-UK 123 Agreement Regarding Nuclear Trade

As we reported in 2019, the United Kingdom’s withdrawal from the European Union, which occurred on January 31, 2020, included the United Kingdom’s exit from the European Atomic Energy Community (Euratom). Exports of nuclear...more

COVID-19 FERC Provides Overview of Operating Status Regulatory Approach

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

FERC Order Authorizing Pipeline Developers to Seize State-Owned Land

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

CFIUS Issues Final Regulations Under FIRRMA

The US Department of the Treasury’s Committee on Foreign Investment in the United States (CFIUS) on January 13 published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA...more

FERC Issues Guidance on Hydro Development at Abandoned Mines, Federal Dams

FERC issued guidance on October 17, 2019, that may significantly aid hydroelectric developers in planning and siting potential projects. FERC issued a list, jointly developed with the secretary of the US Army, secretary of...more

EPA Proposes Rollbacks to New Source Performance Standards, Including Methane Requirements

A proposed rule by the US Environmental Protection Agency (EPA) could reduce costs for oil and gas producers and processors by eliminating certain air emission requirements. The EPA issued a proposed rule on August 29 to roll...more

FERC Finds That Hydro Investments Could Support Longer New License Terms

For the first time, FERC has found that significant investments in an existing licensed hydroelectric facility by a licensee will be considered when establishing the license term in a relicensing proceeding, potentially...more

FERC Indefinitely Suspends PJM 2019 Auction to Establish Base Rates

The Federal Energy Regulatory Commission (FERC) ordered PJM Interconnection, LLC’s (PJM) on July 25 to suspend its 2019 Base Residual Auction (BRA), which provides for capacity payments to electric generators. FERC found that...more

FERC Orders PJM to Suspend 2019 Base Residual Auction

For the second time, PJM Interconnection, LLC (PJM) has suspended its 2019 Base Residual Auction (BRA) as directed by the Federal Energy Regulatory Commission (FERC). FERC found that delaying the auction until the Commission...more

Ohio Approves Bill Providing Support for Nuclear Power

The Ohio House of Representatives approved HB 6 on July 23, providing up to $150 million in financial support for the two operating nuclear plants in the state. A version of the House bill was passed by the Ohio Senate last...more

DOE Employees and Contractors Prohibited from Certain Talent Recruitment Programs

To address national security interests and prevent the unauthorized transfer of scientific and technical information to certain foreign entities, the US Department of Energy (DOE) issued Order No. 486.1 on June 7. ...more

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