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
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
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
7/8/2021
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Electricity ,
Energy Sector ,
FERC ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
NERC ,
Popular ,
Power Grid ,
SolarWinds ,
Supply Chain
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
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
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
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
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
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
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
On December 17, 2020, the U.S. Department of Energy (DOE or the “Department”), pursuant to President Trump’s May 2020 Executive Order 13920 on “Securing the United States Bulk-Power System” (EO), which we addressed here,...more
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
9/24/2020
/ Bulk Electric System ,
Comment Period ,
Critical Infrastructure Sectors ,
Energy Sector ,
FERC ,
Foreign Entities ,
National Security ,
Notice of Inquiry ,
Public Comment ,
Risk Management ,
Supply Chain ,
Telecommunications
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
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
On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more
8/12/2020
/ Bright-Line Rule ,
Electric Generation Suppliers ,
Energy Costs ,
Energy Market ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
FERC ,
Final Rules ,
New Regulations ,
Power Purchase Agreements ,
Public Utility ,
PURPA ,
Qualifying Facility ,
Recertification ,
Renewable Energy ,
Self-Certification ,
Solar Energy ,
Solar Panels
On August 6, 2020, the D.C. Public Service Commission (PSC) amended the D.C. Municipal Regulations to allow “net energy metering (‘NEM’) systems for individual behind-the-meter generators to go beyond 100 percent of the...more
- On July 8, 2020, the Department of Energy (DOE) published a Request for Information (RFI) concerning Executive Order 13920, “Securing the United States Bulk-Power System” (the “E.O.”). The E.O. authorizes the DOE to block...more
7/13/2020
/ Comment Period ,
Cybersecurity ,
Department of Energy (DOE) ,
Electricity ,
Energy Projects ,
Energy Sector ,
Executive Orders ,
Foreign Adversaries ,
Request For Information ,
Rulemaking Process ,
Supply Chain
- On May 1, 2020, President Trump issued an Executive Order (E.O.) aimed at curtailing the use of foreign-sourced electric equipment installed on the U.S. “bulk-power system,” which is commonly understood to mean the U.S....more
On April 14, 2020, Federal Energy Regulatory Commission (FERC) Chairman Neil Chatterjee addressed FERC’s response to the COVID-19 pandemic on FERC’s Open Access podcast. Chairman Chatterjee highlighted FERC’s ongoing focus on...more
On April 7, 2020, the Federal Energy Regulatory Commission (FERC) announced a technical conference “to discuss technical and market issues prompted by growing interest in projects that are comprised of more than one resource...more
On January 2, 2020, 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
On September 19, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) proposed to “modernize” its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA) to “better sync [them] with...more
On August 27, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a final rule revising its regulations to require all hard copy and hand delivered filings and submissions—except those sent via...more
On July 16, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) announced that “documents posted on [the FERC’s] eLibrary [website] will serve as the Commission’s official order and/or Commission action,...more
On April 18, 2019, the Federal Energy Regulatory Commission (FERC) granted Sunrun, Inc. (Sunrun) limited waivers of FERC’s filing requirements for obtaining qualifying small power production facility (QF) status under the...more
5/8/2019
/ Electric Generation Suppliers ,
Energy Sector ,
FERC ,
Filing Requirements ,
Homeowners ,
PURPA ,
Qualifying Facility ,
Regulatory Requirements ,
Renewable Energy ,
Self-Certification ,
Solar Energy ,
Utilities Sector ,
Waivers