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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

Highlights of DOE’s Historic Clean Hydrogen Funding Opportunity

The U.S. Department of Energy (DOE or the “Department”) recently opened the submission of Concept Papers for its $7 billion H2Hubs program, marking one of the largest investments in DOE history, with the goal of creating up...more

Energy Department Opens Landmark $7 Billion Clean Hydrogen Funding Opportunity

On September 22, 2022, the U.S. Department of Energy (DOE) opened applications for its $7 billion H2Hubs program, marking one of the largest investments in DOE history, with the goal of creating up to ten regional clean...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

Biden-Harris Administration Launches “Interconnection Innovation e-Xchange” to Boost Renewable Power, Grid Reliability and...

On May 31, 2022, the Biden-Harris administration, through the U.S. Department of Energy (DOE), announced the Interconnection Innovation e-Xchange (i2X), “a new partnership funded by President Biden’s Bipartisan Infrastructure...more

Biden Administration Issues Another Stark Warning on Cybersecurity

On Monday, March 21, 2022, President Biden issued a statement “reiterating [prior] warnings based on evolving intelligence that the Russian Government is exploring options for potential cyberattacks” against the United States...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

CISA Recommends Cybersecurity “Best Practices” in Advance of Winter Holidays

On December 15, 2021, the Cybersecurity and Infrastructure Security Agency (CISA) of the U.S. Department of Homeland Security “strongly urge[d]” critical infrastructure owners and operators, “in light of persistent and...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

U.S. Dept. of Energy Seeks Comment on Updated Cybersecurity Capability Maturity Model

Shortly before Thanksgiving, the U.S. Department of Energy (DOE) issued a request for public comment on Version 2.0 of its Cybersecurity Capability Maturity Model (C2M2), which DOE released in July 2021 to help organizations...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

CISA Issues Preliminary Cross-Sector Cybersecurity Goals and Objectives for Critical Infrastructure Control Systems

On September 22, 2021, as required by President Biden’s National Security Memorandum of July 28, 2021, the Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) issued preliminary...more

President Biden Issues National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems

On July 28, 2021, President Biden issued a “National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems” (the “ICS Memo”). The ICS Memo—a product of the 100-day cybersecurity initiative...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

U.S. Department of Energy Revokes December 2020 Prohibition Order Regarding Bulk-Power System Electric Equipment, Issues...

On April 20, 2021, the U.S. Department of Energy (DOE or the “Department”) issued an order revoking its Prohibition Order Securing Critical Defense Facilities, issued December 17, 2020. DOE’s actions come exactly 90 days...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

DOE Announces New Programs to Develop Safeguards Against Physical and Cyber Threats to the U.S. Energy System

On March 18, 2021, the U.S. Department of Energy (DOE) Office of Cybersecurity, Energy Security and Emergency Response (CESER) announced “three new research programs to safeguard the U.S. energy system from growing cyber and...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

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