News & Analysis as of

Federal Power Act Power Grid Energy Sector

Latham & Watkins LLP

White House Issues Executive Order to Expand Use of Emergency Federal Power Act Provision

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The order directs the Secretary of Energy to designate certain generation resources as critical and work to prevent such resources from being retired or replaced....more

Morgan Lewis

US Reliability Executive Order Directs Broad Use of DOE Emergency Powers

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President Donald Trump recently issued an executive order titled Strengthening the Reliability and Security of the United States Electric Grid, which aims to bolster electric grid reliability and address the national energy...more

Holland & Knight LLP

Executive Order Strengthens the Reliability and Security of the U.S. Electric Grid

Holland & Knight LLP on

President Donald Trump issued an executive order (EO) on April 8, 2025, titled "Strengthening the Reliability and Security of the United States Electric Grid." The order marks a significant step in addressing the growing...more

Balch & Bingham LLP

FERC Issues Landmark Generator Interconnection Reforms

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On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context...more

Vinson & Elkins LLP

The Federal Government’s High-Wire Act: Setting FERC up to Employ its Transmission Siting Backstop Authority

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Much of the nation’s electric transmission grid is old and deteriorating, designed well before the recent transition from coal and oil-fired generation to renewable and distributed generation. There is widespread agreement...more

Husch Blackwell LLP

FERC’S Next Big Electric Initiative

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On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power...more

Mintz - Energy & Sustainability Viewpoints

Blockchain in Energy: Stakeholders, Solutions and the Path to Standardization

The ecosystem of blockchain solutions in the renewable energy industry is rapidly growing. Blockchain has the potential to ease the burden that the introduction of electric vehicles places on the grid, help facilitate an...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rejects Electric Generators’ Request to Adopt Centralized Capacity Market in California

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

Bricker Graydon LLP

Second Circuit follows lead of Seventh: Nuke subsidies upheld

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On September 27, 2018, the Second Circuit Court of Appeals issued its decision in Coalition for Competitive Electricity v. Zibelman, 2nd Cir. No. 17-2654, 2018 U.S. App. LEXIS 27605 (Sep. 27, 2018). ...more

Akin Gump Strauss Hauer & Feld LLP

Carbon Pricing Update: Assessing NYISO’s Carbon Pricing Straw Proposal

The New York Independent System Operator (NYISO) recently released a Carbon Pricing Straw Proposal (Proposal) to advance the State’s energy and environmental goals by reflecting the cost of carbon emissions in wholesale...more

Sullivan & Worcester

FERC Energy Storage Rule Creates New Opportunitites For Small, Low-Impact Hydropower Projects

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OVERVIEW - The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100...more

Holland & Knight LLP

FERC Commissioners Unanimously Support Proposal to Expand Cyber Incident Reporting Rules

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On December 21, 2017, the Federal Energy Regulatory Commission (FERC) unanimously voted to direct the North American Electric Reliability Corporation (NERC) to modify existing CIP Reliability Standard (CIP-008-5)...more

Stinson LLP

Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

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On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more

Akin Gump Strauss Hauer & Feld LLP

Sens. Inhofe and Heinrich Propose to Amend Section 203 of the Federal Power Act to “Provide Parity to FERC Reviews” of Certain...

On September 27, 2017, Sens. James M. Inhofe (R-OK) and Martin T. Heinrich (D-NM) introduced S. 1860, the Parity Across Reviews Act (“PARs Act”), which, if enacted, would add a $10 million value threshold to the requirement...more

Cadwalader, Wickersham & Taft LLP

DOE Directs FERC to Issue Rule to Set Cost-Based Rates for Baseload Plants

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing that Federal Energy Regulatory Commission (“FERC”) exercise its authority under sections 205 and 206 of the...more

Hogan Lovells

Department of Energy Proposes Major Changes to Wholesale Power Market Rules

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During his confirmation hearing to be Secretary of Energy, Rick Perry repeatedly expressed support for an “all of the above” approach to energy development and use. On Friday, September 29, he initiated one of the first...more

Akin Gump Strauss Hauer & Feld LLP

Passing of Senate’s Energy Bill Signals a Renewed Focus on Cybersecurity of Power Grid

As we previously reported, the Senate recently passed the Energy Policy Modernization Act (Act), which promotes renewable energy, improves the energy efficiency of buildings and directs investments towards the research and...more

Moore & Van Allen PLLC

Energy Industry Target of Cyber-Attacks and Congressional Efforts to Bolster Security

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Cybersecurity of the electric power grid and energy sector as a whole has been the subject of heightened Congressional attention given the integral role the industry plays in our economy. According to a 2015 U.S. Senate...more

Moore & Van Allen PLLC

Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability

Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____...more

King & Spalding

FERC Proposes Development of Physical Security Standards for the Bulk-Power System

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On March 7, 2014, the Federal Energy Regulatory Commission ("FERC") directed the North American Electric Reliability Corporation ("NERC") to develop reliability standards requiring owners and operators of the Bulk-Power...more

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