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Federal Power Act Energy Sector Public Utility

Husch Blackwell LLP

FERC Takes a New Step in Its Heightened Scrutiny Over What Constitutes Control of a Public Utility

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On Dec. 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comments on whether it should revise its policy on providing blanket authorizations under Section 203(a)(2) of the...more

Foley Hoag LLP

FERC January 2024 Open Meeting Preview

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The Federal Energy Regulatory Commission (“FERC”) will host its January Open Meeting on Thursday, January 18, 2024. The Sunshine Act Meeting Notice (“Notice”) issued January 11, 2024, indicates that FERC intends to take...more

Wilson Sonsini Goodrich & Rosati

FERC Initiates New Proceeding to Review Its Policy on Federal Power Act Section 203(a)(2) Blanket Authorizations, Posing Potential...

On December 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) to request public comments on questions relating to FERC’s current policy on providing blanket authorizations for the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Doubles Down on Scrutiny of Investor Ties with Public Utilities

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

Foley Hoag LLP - Energy & Climate Counsel

FERC Affirms That Appointing a Single Non-Independent Board Member Creates Utility Affiliation

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

Troutman Pepper

State Attorneys General Argue BlackRock is Violating its FERC Blanket Authorization

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A group of 17 states, through their Attorneys General (“State AGs”), filed a motion (“Motion”) on May 10, 2023, requesting that the Commission audit and investigate whether BlackRock is acting as an “activist” investor,...more

Troutman Pepper

FERC Confirms that Orders Under Sections 210 and 211 of the Federal Power Act Would Not Generally Confer “Public Utility”...

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On March 16, 2023, FERC granted a petition declaring that, should it issue orders pursuant to Sections 210 and 211 of the Federal Power Act (“FPA”), which would be required for a prospective project to interconnect Puerto...more

A&O Shearman

FERC Confirms that the Right to Appoint a Board Member Constitutes a Change in Control

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On October 20, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two orders addressing the regulatory impact of the right to appoint a non-independent board member of a FERC-jurisdictional...more

Troutman Pepper

FERC Elaborates on How Board Membership Impacts “Affiliation” Determination Under FERC’s Rules

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On October 20, 2022, FERC issued orders in two separate proceedings that clarified how investor company appointments to public utility boards of directors can trigger additional FERC regulatory scrutiny. Specifically, in the...more

Morgan Lewis - Power & Pipes

FERC Investigates Five Western Utilities’ Formula Rate Protocols

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

Akin Gump Strauss Hauer & Feld LLP

FERC Reverts to Its Traditional Analysis for Determining “Power Production Capacity” of Small Power Production QFs

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

White & Case LLP

Summary of FERC Meeting Agenda for November 2020

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 19, 2020 open meeting, pursuant to the agenda issued on November 13, 2020. Agenda item E-16 has not been summarized due to...more

Bracewell LLP

FERC Finalizes Reforms to PURPA Regulations

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On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872, a final rule that the Commission explains is intended to implement its statutory mandate to update rules promulgated...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2020

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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

White & Case LLP

FERC Meeting Agenda Summary for May 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 21, 2020 meeting, pursuant to the agenda as issued on May 14, 2020. Due to COVID-19 and measures undertaken by government...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Carbon Pricing/Policy Options: Organizations Submit Joint Request to Federal Energy Regulatory Commission Requesting Technical...

A number of organizations submitted an April 13th document titled Request for Technical Conference or Workshop (“Request”) to the Federal Energy Regulatory Commission (“FERC”) asking that it convene a technical conference or...more

White & Case LLP

Summary of FERC Meeting Agenda for February 2020

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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

White & Case LLP

Summary of FERC Meeting Agenda for January 2020

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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

White & Case LLP

Summary of FERC Meeting Agenda for October 17, 2019

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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

Davis Wright Tremaine LLP

FERC Revises Policy Against Retroactive Collection of Surcharges For Changes in Cost Allocation or Rate Design

In a change of policy, the Federal Energy Regulatory Commission (FERC) has acknowledged in Black Oak Energy, LLC that the broad remedial authority granted to it in Section 309 of the Federal Power Act (FPA) includes the...more

White & Case LLP

Summary of FERC Meeting Agenda for May 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's May 16, 2019 meeting, pursuant to the agenda as issued on May 9, 2019. In this issue: - Electric Items - Miscellaneous Items ...more

Davis Wright Tremaine LLP

The FERC is Asked a Simple Question: Can Electric Energy be Transmitted in Interstate Commerce Without Use of Wires?

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

White & Case LLP

Summary of FERC Meeting Agenda for March 21, 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's March 21, 2019 meeting, pursuant to the agenda as issued on March 14, 2019. Agenda items E-3, E-19, and E-20 have not been included...more

Holland & Knight LLP

FERC Sets $10 Million Threshold on Public Utility Merger Approvals

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On Feb. 21, 2019, the Federal Energy Regulation Commission (FERC) issued a final rule revising its regulations governing public utility mergers or consolidations. The primary effect of this rule is to set a $10 million...more

Holland & Knight LLP

FERC Waves Red Flag Over Federal Power Act General Jurisdiction In ERCOT

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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

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