News & Analysis as of

Federal Energy Regulatory Commission

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

FERC Puts Cloud Over Certain Oil Pipeline Marketing Affiliate Transactions

by Dorsey & Whitney LLP on

In an unexpected shake up in the oil pipeline industry, the Federal Energy Regulatory Commission (“FERC” or “Commission”) recently declined to approve an oil pipeline’s proposal to have its marketing affiliate obtain its...more

FERC Enforcement Releases 2017 Annual Report

• On November 16, 2017, the Federal Energy Regulatory Commission released its 11th annual Report on Enforcement, detailing the agency’s Enforcement activities in 2017. • Key highlights are that Enforcement priorities were...more

FERC Ramps Up Investigations Amid Leadership Change

by WilmerHale on

On November 16, 2017, the Office of Enforcement (OE) at the Federal Energy Regulatory Commission (FERC or the Commission) released its annual Report on Enforcement. The report contains data on investigative and enforcement...more

Energy Insider Interview Series: Don Santa, President & CEO of the Interstate Natural Gas Association of America

1. I know it brought on a long-awaited sigh of relief for INGAA members when the Senate finally confirmed two additional FERC commissioners in November, providing the regulatory body with a full complement of officials for...more

2017 FERC Report on Enforcement

by PretiFlaherty on

Federal regulators of U.S. energy markets and infrastructure described an increase in litigation activities in the most recent fiscal year. According to the eleventh annual Report on Enforcement issued by the Federal Energy...more

First Circuit Decision Finds No Private Right of Action Under PURPA Against a Utility

On November 13, 2017, the U.S. Court of Appeals for the 1st Circuit held in Allco Renewable Energy Ltd. v. Mass. Elec. Co. that a Qualifying Facility (QF) does not have a private right of action against a utility company...more

FERC Issues 2017 Enforcement Report

by Morgan Lewis on

Report adds transparency on surveillance activities and confirms that despite the lack of quorum for much of FY 2017, FERC enforcement activity continued prior trends....more

DOE’s Grid Resiliency Notice of Proposed Rulemaking: Reply Comments

by Reed Smith on

The national dialogue over the Department of Energy’s (“DOE”) Notice of Proposed Rulemaking (“NOPR”) on Grid Reliability and Resilience Pricing progressed on Tuesday as energy industry stakeholders filed their reply comments...more

Window on Washington - Vol. 1, Issue 34

by Clark Hill PLC on

Short-term Continuing Resolution Likely Needed to Fund Government Past December Deadline: Republicans are focused on tax reform through Thanksgiving, and when lawmakers return from the upcoming holiday recess, they will have...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains - Update

by Morgan Lewis on

The North American Electric Reliability Corporation (NERC) recently petitioned the Federal Energy Regulatory Commission (FERC) to approve its proposed “Reliability Standards” addressing cybersecurity risks in critical...more

Hundreds of Parties Submit Comment in Response to Notice of Proposed Rulemaking on Grid Reliability and Resiliency Pricing

by King & Spalding on

On September 28, 2017, Secretary of Energy Rick Perry issued a Notice of Proposed Rulemaking (the “NOPR”) directing the Federal Energy Regulatory Commission (“FERC”) “to take action to ensure that the reliability and...more

Energy Newsletter - November 2017

by King & Spalding on

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more

Courts Stay Pipeline Construction

In the past week, the D.C. Circuit and Second Circuit have stayed pipeline construction on the Atlantic Sunrise and Valley Lateral Projects, respectively, following challenges to FERC orders allowing the projects to proceed. ...more

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

by Hogan Lovells on

Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

ISO New England's 2017 Regional System Plan

by PretiFlaherty on

The operator of New England's electric grid has issued an updated power system plan, presenting the grid operator's view of power system needs for the next 10 years and how these needs can be addressed. ISO New England,...more

Senate Confirms McIntyre and Glick

by Reed Smith on

The United States Senate confirmed the nominations of Kevin J. McIntyre and Richard A. Glick to join the Federal Energy Regulatory Commission (FERC) on Thursday. The confirmations of McIntyre and Glick mark the first time...more

FERC report on energy independence executive order

by PretiFlaherty on

U.S. energy regulators have issued a final report describing actions taken by the Federal Energy Regulatory Commission pursuant to an executive order promoting energy independence and economic growth. On March 28, 2017,...more

Senate Confirms FERC Nominees Mcintyre And Glick

by Pierce Atwood LLP on

The U.S. Senate has confirmed the nominations of Kevin McIntyre as FERC Chairman and Richard Glick...more

[Webinar] PURPA Policies Then and Now: The Latest Developments for Electric Utilities - November 14th, 12:00pm CT

by Thompson Coburn LLP on

The Public Utility Regulatory Policies Act of 1978 (“PURPA”) was enacted in response to the 1970s-era energy crises to promote greater reliance on domestic, renewable energy sources by creating mandatory, “must purchase”...more

FERC Proposes Updates to Critical Infrastructure Protection Standards for Cybersecurity of Low Impact Bulk Electric System...

by WilmerHale on

The Federal Energy Regulatory Commission (FERC) published a notice of proposed rulemaking (NPRM) on October 26, suggesting updates to the Critical Infrastructure Protection (CIP) Reliability Standard governing cybersecurity...more

FERC Winter 2017-18 Energy Market Assessment

by PretiFlaherty on

A recent report by U.S. energy regulators notes that newly built natural gas-fired and renewable power plants are replacing retiring coal and nuclear power plants, which can require grid operators to take extra steps to...more

Initial Comments on DOE’s Proposed Grid Resiliency Rule Raise Issues and Draw Battle Lines Before FERC

by Shearman & Sterling LLP on

The “Grid Resiliency Pricing Rule” submitted in late September by the Secretary of Energy for consideration by the Federal Energy Regulatory Commission (FERC) has attracted the proverbial avalanche of initial comments from a...more

Energy Quarterly Report: FERC Updates & PHMSA Regulations - Q3 2017

by Benesch on

The Senate confirmed President Trump’s nominees to fill two of the four open seats on the FERC, producing a quorum for the first time since February. Neil Chatterjee (Senate Majority Leader Mitch McConnell’s energy advisor),...more

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