On March 26, 2019, President Trump signed an executive order (EO) to “establish[] the first ever comprehensive whole-of-government policy to build resilience and protect against electromagnetic pulses” (EMPs), which can cause...more
On February 8, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule revising its regulations in 18 C.F.R. § 385.2007 regarding computation of time periods prescribed or allowed by...more
On January 8, 2019, the Federal Energy Regulatory Commission (FERC) issued a Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more
The U.S. Senate and House of Representatives recently passed legislation regarding the Federal Energy Regulatory Commission’s (FERC or Commission) review of certain transactions as well as judicial review of rate changes that...more
On August 31, 2018, NorthWestern Corporation (NorthWestern) petitioned the Federal Energy Regulatory Commission (FERC or Commission) to revoke the qualifying small power production facility (QF) status of four wind projects...more
9/18/2018
/ Batteries ,
Comment Period ,
Energy Sector ,
Energy Storage ,
FERC ,
Public Comment ,
PURPA ,
Qualifying Facility ,
Renewable Energy ,
Solar Energy ,
Utilities Sector ,
Wind Power
On July 19, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) to update and clarify its regulations covering “interlocking directorate” positions (i.e.,...more
8/1/2018
/ Board of Directors ,
Comment Period ,
Corporate Officers ,
Deregulation ,
Federal Power Act ,
FERC ,
Filing Requirements ,
Financial Institutions ,
Interlocking Directorate ,
Notice of Proposed Rulemaking (NOPR) ,
Prior Authorization ,
Public Comment ,
Public Utility ,
Regulatory Burden ,
Utilities Sector
Effective June 1, 2018, PJM Interconnection, L.L.C. implemented new notification requirements for certain transfers of interests in generation facilities in PJM (collectively, “Change-in-ownership Transactions”). PJM also...more
On April 19, 2018, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Final Rule (“Order No. 845”) revising its pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large...more
6/8/2018
/ Electric Generation Suppliers ,
Energy Sector ,
Energy Storage ,
FERC ,
Final Rules ,
Interconnections ,
ISO/RTO ,
Large Generators ,
Power Grid ,
Regulatory Reform ,
Wholesale
On January 8, 2018, the Federal Energy Regulatory Commission (FERC) issued a Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more
On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more
12/8/2017
/ Bright-Line Rule ,
Competition ,
Electricity ,
Energy Costs ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
FERC ,
Proposed Legislation ,
PURPA ,
Qualified Energy Facilities ,
Rebuttable Presumptions ,
Renewable Energy ,
Utilities Sector
On October 4, 2017, in a decision with significant implications for the energy project finance community, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted a petition for declaratory order filed by...more
10/6/2017
/ Declaratory Judgments ,
Energy Projects ,
Equity ,
Equity Investors ,
Federal Power Act ,
FERC ,
Non-Voting Shares ,
Passive Activity ,
Project Finance ,
Public Utility ,
Renewable Energy ,
Section 203 ,
Transfer of Control ,
Voting Securities
On October 2, 2017, the Federal Energy Regulatory Commission (the “Commission”) terminated its inquiry into the need for, and potential effects of, modifications to the North American Electric Reliability Corporation (NERC)...more
On September 27, 2017, Sens. James M. Inhofe (R-OK) and Martin T. Heinrich (D-NM) introduced S. 1860, the Parity Across Reviews Act (“PARs Act”), which, if enacted, would add a $10 million value threshold to the requirement...more
10/3/2017
/ Agency Consolidation ,
Energy Sector ,
Federal Power Act ,
FERC ,
Notification Requirements ,
Power Grid ,
Power Infrastructure ,
Proposed Amendments ,
Proposed Legislation ,
Public Utility ,
Section 203
On August 28, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) approved a Stipulation and Consent Agreement between FERC’s Office of Enforcement (OE) and American Transmission Company, LLC (ATC) to...more
8/31/2017
/ Asset Transfer ,
Civil Monetary Penalty ,
Compliance ,
Consent Agreements ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Section 203 ,
Section 205 ,
Settlement ,
Stipulations
On March 3, 2017, Federal Energy Regulatory Commission (FERC or the “Commission”) staff scheduled a technical conference to discuss the interaction between state energy policy priorities for generation resources and resource...more
On February 3, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order (the “Delegation Order”) delegating “further authority” to its staff—beyond the existing delegations of authority...more
On January 23, 2017, the House of Representatives passed H.R. 587, the Fair Ratepayer Accountability, Transparency, and Efficiency Standards Act (“Fair RATES Act”), which would amend Section 205 of the Federal Power Act (FPA)...more
On January 9, 2017, the Federal Energy Regulatory Commission (FERC) issued a Final Rule—following an Interim Final Rule issued June 29, 2016, amending its regulations governing the maximum civil monetary penalties assessable...more
On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more
On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market...more
9/29/2016
/ Acquisitions ,
Competition ,
Energy Market ,
Federal Power Act ,
FERC ,
Horizontal Mergers ,
Market Power ,
Mergers ,
Notice of Inquiry ,
Power Purchase Agreements ,
Public Comment ,
Section 203
On June 29, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an Interim Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes,...more
On May 13, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference on generator interconnection issues in partial response to a June 2015 Petition filed by the American Wind...more
On May 9, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued an updated agenda for its June 29, 2016, technical conference on implementation issues under the Public Utility Regulatory Policies Act...more
On April 19, 2016, for the second time in three months, the Supreme Court of the United States reaffirmed the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over the formation of wholesale rates in...more
On December 17, 2015, just two months after significantly refining its market-based rate (MBR) policies and procedures in Order No. 816, the Federal Energy Regulatory Commission (FERC) proposed further revisions to its MBR...more