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FERC Orders 1920 and 1977: The Latest Evolution in Transmission Planning and Oversight

The US federal government’s evolving role in overseeing transmission development took another leap forward after the Federal Energy Regulatory Commission (FERC) issued Orders 1920 and 1977, two new rules that mark FERC’s...more

PJM’s ‘Focused’ Minimum Offer Price Rule Takes Effect by Operation of Law

In a notice issued on September 29, 2021, FERC stated that it did not act on PJM Interconnection LLC’s (PJM’s) proposed reforms to the application of the Minimum Offer Price Rule (MOPR) because the Commissioners are divided...more

NARUC Submits Nominees to Joint Federal-State Task Force

The National Association of Regulatory Utility Commissioners (NARUC) has submitted 10 nominees to FERC to serve on the newly formed Joint Federal-State Task Force on Electric Transmission. Last month in Docket No. AD21-15,...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

DC Circuit Rejects FERC’s Use of Tolling Orders; FERC Issues Statement Asking Congress to Act

A decision by the US Court of Appeals for the DC Circuit on June 30 rejected the near routine use by the Federal Energy Regulatory Commission of tolling orders to prevent rehearing requests from being denied by operation of...more

FERC Revises Methodology to Evaluate Return on Equity (Again)

The Federal Energy Regulatory Commission (FERC) issued Order 569-A on May 21, significantly revising the methodology used to analyze the base return on equity (ROE) of a public utility’s rates under the Federal Power Act....more

FERC Announces Proposal to Tighten Policy on Tariff Waivers

FERC issued a proposal on May 21 to modify its policy regarding requests for waiver of public utility tariff provisions that are subject to FERC’s review and approval under the Federal Power Act and the Natural Gas Act....more

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

Highway Bill Adds New Security Measures to Federal Power Act

Amendments to Federal Power Act grant the DOE authority to order emergency protective actions by utilities, provide greater protections for Critical Energy Infrastructure Information, and exempt utilities from environmental...more

Federal Agencies Cannot Be Fined for Reliability Standard Violations

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more

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