News & Analysis as of

Federal Energy Regulatory Commission

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

Electric Grid Reliability and Resiliency in the Spotlight with DOE Pricing NOPR & More

by Moore & Van Allen PLLC on

Pushing through a record hurricane season has tested the resiliency of the human spirit, as well as that of the energy infrastructure we so heavily rely upon. In the last month, we have seen efforts on multiple fronts with a...more

FERC Proposes New Cybersecurity Rules for Electric Grid

The Federal Energy Regulatory Commission (FERC) has proposed new rules to enhance cybersecurity for the electric grid in the U.S., which includes security management controls to specifically respond to risks associated with...more

Currents - Energy Industry Insights - October 2017 #4

EPA to Restrict Scientific Advisers Who Get Agency Grants - "Pruitt did not say how restrictive the policy would be. But it has the potential to greatly reduce the body of expert scientists who could serve on the boards...more

Winter 2017-18 and the New England electric grid

by PretiFlaherty on

With measures in place to ensure the reliability of New England's electric grid for the coming winter season, grid operator ISO New England, Inc. expects to have adequate electricity supplies this winter -- but according to a...more

When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”

by Stoel Rives LLP on

Or so Secretary Rick Perry and the DOE would have us believe. Approximately three weeks ago, the DOE made its pitch to FERC and the energy industry that a lack of “resiliency” threatens the U.S. power grid. The responses...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

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

by Reed Smith on

Comments on the Department of Energy’s (“DOE”) Notice of Proposed Rulemaking (“NOPR”) on Grid Reliability and Resilience Pricing were submitted October 23, 2017. More than 450 entities and individuals filed comments...more

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