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FERC Orders PJM to Expand Minimum Offer Price Rule

The Federal Energy Regulatory Commission (FERC) on December 19, 2019, directed PJM Interconnection to extend its minimum offer price rule (MOPR) from new natural gas–fired electric generators to also cover any generator that...more

FERC GC to Be Nominated as New Commissioner

President Donald Trump announced on Monday his intention to nominate FERC General Counsel James Danly to fill the remaining Republican position at FERC. That position has been vacant since the untimely passing of former...more

FERC Proposes to Revise Qualifying Facility Rates and Requirements

FERC issued a notice of proposed rulemaking (NOPR) on September 19 announcing its intent to revise key rules governing the status and rights of Qualifying Facilities (QFs). These revisions include proposed changes to the...more

FERC Orders PJM to Suspend 2019 Base Residual Auction

For the second time, PJM Interconnection, LLC (PJM) has suspended its 2019 Base Residual Auction (BRA) as directed by the Federal Energy Regulatory Commission (FERC). FERC found that delaying the auction until the Commission...more

FERC Requires a Business to Pay Off a Related Business’s Debts Before Entering RTO Market

When a business entity that is regulated by the Federal Energy Regulatory Commission (FERC) is closely related to another business entity, FERC takes the position that under some circumstances it may treat the two different...more

FERC Requires Expanded Cyber Incident Reporting for Electric Utilities

The final rule reflects regulator concerns that the cyber threats facing electric utilities are largely underreported....more

PJM Interconnection Implements New Requirements for Generator Interest and Asset Sales

Regional transmission operator PJM Interconnection, L.L.C. recently changed its operating manual to require that generating entities experiencing direct or indirect changes in ownership or control notify PJM of such changes...more

7/11/2018  /  Energy Sector , FERC , PJM

DC Circuit Affirms FERC Decision on MISO Cost Allocation

The US Court of Appeals for the District of Columbia denied challenges to Federal Energy Regulatory Commission orders that rejected a Midcontinent Independent System Operator (MISO) cost allocation proposal on the grounds...more

6/28/2018  /  Appeals , Cost Allocation , FERC , MISO

Landmark FERC Rule Paves Way for Electric Storage in Wholesale Markets

Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation and enhance competition in regional transmission organization and...more

FERC Seeks Comments on Market Design Issues Affecting Nuclear Power Plants

The agency requests comments on policies regarding state support for zero-carbon-emitting power plants....more

FERC Proposes to Integrate Electric Storage into Organized Markets

The proposed rule recognizes the physical and operational characteristics of electric storage resources and distributed energy resource aggregators and removes barriers to their participation in organized wholesale electric...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

FERC Clarifies Policy on Simultaneous Exchange Transactions

FERC reiterates that simultaneous exchanges between affiliates require prior approval and clarifies the types of transactions covered by this policy and the showing necessary to receive FERC approval....more

Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

FERC proposes to grant itself access to NERC’s Transmission Availability Data System, Generating Availability Data System, and Protection System Misoperations Database. On September 17, the Federal Energy Regulatory...more

President Obama, EPA Unveil Final Greenhouse Gas Emissions Reduction Rule

Although legal hurdles remain, EPA’s Clean Power Plan envisions sweeping changes to the electricity generation sector designed to mitigate climate change concerns through reduction of carbon dioxide emissions by 2030, and it...more

FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers

The policy would impose greater scrutiny and controls on “transaction-related” costs that utilities commit not to pass through to ratepayers and would open the door to cost recovery for acquisitions driven by utility need....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

D.C. Circuit Rejects Challenges to FERC’s Order No. 1000

The court turned back all challenges to FERC’s order, which imposed major regional transmission planning requirements, concluding that FERC has adequately justified the order and acted within its statutory authority....more

FERC Proposes to Approve NERC Physical Security Standard

In proposing to approve NERC’s new Physical Security Reliability Standard, FERC also seeks the ability to identify facilities that must be protected....more

FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings

In a trio of orders, FERC softened its approach to considering the effects of state law rights of first refusal in Order No. 1000 regional transmission planning, suggesting a move toward deference to state legal limitations...more

FERC Proposes Reforms to Improve Gas-Electric Coordination

Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets. Electric generators’ increased reliance on natural gas in recent years...more

FERC Approves Version 5 CIP Reliability Standards, Rejects Key Reforms

The Commission rejects NERC’s proposal to reform the existing “zero tolerance” to CIP compliance, describing the proposal as too ambiguous and unworkable. On November 22, the Federal Energy Regulatory Commission (FERC...more

FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards

Major revisions to the existing cybersecurity requirements for electric utilities will focus on greater protections for the most critical assets but will also ensure that all assets receive some level of protection....more

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