At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more
On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment...more
The Federal Energy Regulatory Commission (“FERC”) recently affirmed its prior determination that where an investor’s non-independent director is appointed to the board of a public utility or public utility holding company,...more
On July 3, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order confirming a more aggressive posture towards scrutinizing the ability of investors to exercise control over public utilities...more
On July 3, 2023, the Federal Energy Regulatory Commission (“FERC”) issued an order addressing issues raised on rehearing in response to one of two October 2022 orders that set the stage for small minority investors to be...more
The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more
FERC initiated show-cause proceedings on April 21, 2022, to investigate the justness and reasonableness of the formula rate protocols of five public utility transmission providers in the West....more
Below are summaries of the agenda items for the Federal Energy Regulatory Commission's March 18, 2021 open meeting, pursuant to the agenda issued on March 11, 2021. Agenda items E-8 and G-1 have not been summarized due to...more
Building off its White Paper issued last summer, the Federal Energy Regulatory Commission (FERC or the “Commission”) has proposed changes to its regulations that would encourage more robust investment in cybersecurity...more
On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit upheld a major Federal Energy Regulatory Commission (FERC) order intended to support fledgling energy storage participation in organized...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 18, 2020 meeting, pursuant to the agenda as issued on June 11, 2020. Due to COVID-19 and measures undertaken by government...more
The Decision: The Federal Energy Regulatory Commission ("FERC") issued Opinion No. 569-A, refining the methodology it established in Opinion No. 569 for setting the return on equity ("ROE") that electric utilities earn on...more
A Washington state federal court recently addressed claims relating to rates that cryptocurrency mining companies pay for electricity in Grant County, Washington. The court rejected all of the miner’s legal claims. The...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 20, 2020 meeting, pursuant to the agenda as issued on February 13, 2020. Agenda items E-25 and C-3 have not been summarized...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 23, 2020 meeting, pursuant to the agenda as issued on January 16, 2020. Agenda items E-1, E-2, E-3, E-6, E-7, E-8, E-9, and...more
The Decision: The Federal Energy Regulatory Commission's ("FERC") Opinion No. 569 establishes new methodologies under Federal Power Act ("FPA") Section 206 for (i) determining whether existing electric utility transmission...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's October 17, 2019 meeting, pursuant to the agenda as issued on October 10, 2019. Agenda items E-5, E-15, and E-23 have not been...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 20, 2019 meeting, pursuant to the agenda as issued on June 13, 2019. Agenda item H-1 has not been summarized due to omission...more
Alternative Transmission Inc. (ATI) recently asked the Federal Energy Regulatory Commission (FERC) to assert jurisdiction over the transfer of electric energy from one state to another that does not involve the use of...more
We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more
In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more
On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more
On September 13, 2018, the Seventh Circuit Court of Appeals issued its long-awaited decision in the consolidated cases of Elec. Power Supply Assn. v. Anthony M. Star, 7th Cir. Nos. 17-2433, 17-2445, 2018 U.S. App. LEXIS 25980...more
On July 26, 2018, Federal Energy Regulatory Commission (FERC) issued an otherwise routine order in AEP Energy Partners, Inc., 164 FERC ¶ 61,056 (Docket No. TX18-1-000). The order grants AEP Energy's request under only FPA §...more
On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more