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DC Circuit Upholds FERC Orders on Weymouth Compressor Station

In Fore River Residents Against the Compressor Station v. FERC, decided on July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ended long-running litigation over the Federal Energy Regulatory...more

FERC Doubles Down on Scrutiny of Investor Ties with Public Utilities

On July 3, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order confirming a more aggressive posture towards scrutinizing the ability of investors to exercise control over public utilities...more

FERC Permits Oil and Liquid Pipelines to Increase Index Rates by over 13%

Effective July 1, 2023, oil and liquids pipelines regulated by the Federal Energy Regulatory Commission (FERC) and charging so-called “index” rates will be able to increase their rates by over 13 percent. FERC announced this...more

FERC Again Aims to Enhance Grid Reliability With Order Approving Incentive Rate Treatment for Cybersecurity Investments

For the fourth straight meeting of the Federal Energy Regulatory Commission (FERC) and the fourth since Willie L. Phillips was appointed its acting Chair, an order aimed at improving the reliability of the nation’s electric...more

FERC Directs NERC to Further Enhance Extreme Cold Weather Reliability Standards for Generation Resources

On February 16, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order approving two new extreme cold weather reliability standards for generation resources proposed by the North American...more

FERC Directs NERC to Tighten Bulk Electric System Cybersecurity

On January 19, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule directing the North American Electric Reliability Corporation (NERC) to file for FERC review new or modified...more

FERC Increases Maximum Civil Monetary Penalties

On January 6, 2023, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Five Ratemaking Takeaways from FERC’s Panhandle Eastern Pipe Line Company, LP Order

On December 16, 2022, the Federal Energy Regulatory Commission (FERC) issued Panhandle Eastern Pipe Line Company, LP, its first opinion and order on an initial decision in a Natural Gas Act (NGA) section 4 general rate case...more

FERC Proposes to Update NERC Reliability Standards for Renewable Resources and Energy Storage

On November 17, 2022, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued three orders (available here, here and here) with the objective of updating North American Electric Reliability Corporation...more

FERC Again Proposes Incentives for Voluntary Cybersecurity Investments

On September 22, 2022, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing revisions to its regulations to establish rate incentives for public utilities...more

FERC Announces Major Policy Changes for Certification of Natural Gas Facilities, Including Consideration of Greenhouse Gas...

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two interconnected policy statements (the “Policy Statements”) regarding its review and certification of interstate natural...more

FERC Seeks Comment on Implementation of Dynamic Line Ratings for Transmission Facilities

On February 17, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on whether using “dynamic line ratings” (DLR) for electric transmission lines is necessary for just and reasonable...more

FERC Proposes to Close Gap in Bulk Electric System Cybersecurity

On January 20, 2022, the Federal Energy Regulatory Commission (FERC) proposed to direct the North American Electric Reliability Corporation (NERC) to develop for FERC review and approval new or modified Reliability Standards...more

FERC Increases Maximum Civil Monetary Penalties

On January 7, 2022, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

U.S. Dept. of Energy Kicks Off Expansive Energy Sector Supply Chain Review

On November 29, 2021, the U.S. Department of Energy (DOE) published in the Federal Register a request for information on an expansive “energy sector supply chain review” (the “Energy Supply Chain RFI”). Somewhat unlike...more

FERC Staff Provides “Lessons Learned” from Critical Infrastructure Protection Reliability Standard Audits

In October 2021, Federal Energy Regulatory Commission (FERC) staff issued its annual report on “recommendations to help users, owners and operators of the bulk-power system improve their compliance with the [North American...more

FERC and NERC Publish Whitepaper on SolarWinds and Related Supply Chain Compromise

On July 6, 2021, the staff of the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) Electricity Information Sharing and Analysis Center (E-ISAC) issued a whitepaper...more

FERC Reverts to Its Traditional Analysis for Determining “Power Production Capacity” of Small Power Production QFs

On March 19, 2021, a divided Federal Energy Regulatory Commission (FERC or the “Commission”) reverted to its long-standing “send out” analysis for determining the “power production capacity” of a small power production...more

FERC Further Extends Effective Date and Compliance Deadlines for Market-Based Rate Relational Database Filings

Of interest to entities who hold, or might seek, authorization from the Federal Energy Regulatory Commission (FERC or the “Commission”) to engage in sales for resale of electric energy, capacity or ancillary services at...more

FERC Announces June 2021 Technical Conference on Climate Change, Extreme Weather and Electric System Reliability

On March 5, 2021, the Federal Energy Regulatory Commission (FERC) announced a virtual, public technical conference “to discuss issues surrounding the threat to electric system reliability posed by climate change and extreme...more

FERC Seeks Information from RTOs/ISOs on Hybrid (Generation + Storage) Resources

On January 19, 2021, the Federal Energy Regulatory Commission (FERC) directed the nation’s six Regional Transmission Organizations and Independent System Operators (RTOs/ISOs) to submit reports on the integration of “hybrid”...more

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2021, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

FERC Seeks Comments on Risks to Bulk Electric System from Equipment and Services from Entities Identified as Risks to National...

On September 17, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Inquiry (NOI) seeking comments on “potential risks to the bulk electric system posed by using equipment and...more

Divided FERC Abandons Long-Standing Precedent for Determining QF Capacity

On September 1, 2020, a sharply divided Federal Energy Regulatory Commission (FERC or the “Commission”) abandoned its long-standing approach for determining the “power production capacity” of a generation facility seeking...more

FERC Clarifies New Requirements for Certain Filings

On August 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) clarified its Order No. 862, issued in August 2019, in which FERC changed its regulations to require that any nonelectronic filing to be...more

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