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Federal Power Act Federal Energy Regulatory Commission Regulatory Oversight

Troutman Pepper Locke

FERC Institutes Show Cause Proceeding on Co-Location Issues in PJM

Troutman Pepper Locke on

On February 20, 2025, FERC found that the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appears to be unjust and unreasonable because it does not address with clarity or consistency the rates,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes Landmark Penalty for Alleged Energy Efficiency Resource Capacity Market Manipulation

On December 16, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty proposing to assess staggering civil penalties against American Efficient,...more

Latham & Watkins LLP

FERC Expands Scope of Affiliation Between Investor and Public Utility

Latham & Watkins LLP on

More investors in public utilities may now be considered affiliates, thereby significantly increasing compliance obligations and transactions subject to prior FERC approval. On October 20, 2022, the Federal Energy...more

Dorsey & Whitney LLP

FERC Increases Regulatory Oversight of Investors With Officers or Directors on Public Utilities’ Boards

Dorsey & Whitney LLP on

​​​​​​​The Federal Energy Regulatory Commission (“FERC”) recently ruled that an investor is deemed an affiliate of a public utility if the investor has a seat on the public utility’s board of directors. This rule indicates...more

Foley Hoag LLP - Security, Privacy and the...

Debate over Cybersecurity Oversight for Gas Pipeline and Bulk Power Systems Continues

Earlier this month, Federal Energy Regulatory Commission (“FERC”) Chairman Neil Chaterjee testified before the U.S. Senate Committee on Energy and Natural Resources on issues related to cybersecurity in the energy industry. ...more

Verrill

U.S. Supreme Court Asked to Review Zero Emissions Credit Schemes

Verrill on

In two related cases, Petitioners are asking the U.S. Supreme Court to strike down state generator subsidies that Petitioners argue distort competitive wholesale power markets that are under the exclusive jurisdiction of the...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

Pierce Atwood LLP

FERC Proposes To Lighten Interlocking Directorate Requirements

Pierce Atwood LLP on

On July 19, 2018, FERC issued a Notice of Proposed Rulemaking (NOPR) proposing to lighten some requirements for directors holding multiple Board positions. ...more

Cadwalader, Wickersham & Taft LLP

New Year, New Market-Based Rates Regulatory Regime

The new year has brought U.S. electricity markets participants an overhauled regulatory regime for market-based rates under section 205 of the Federal Power Act. The Federal Energy Regulatory Commission (“FERC” or...more

Holland & Knight LLP

Supreme Court: FERC Can Regulate Programs Directly Impacting the Wholesale Power Market

Holland & Knight LLP on

In FERC v. Electric Power Supply Association et al., the U.S. Supreme Court held in a 6-2 decision that the Federal Energy Regulatory Commission (FERC) has the authority, pursuant to the Federal Power Act (FPA), to regulate...more

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