News & Analysis as of

Federal Energy Regulatory Commission

2018 Tax Law to Reduce Pipeline Expansion Recourse Rates

by Davis Wright Tremaine LLP on

FERC staff has asked gas pipelines with pending expansion applications how 2018 tax law changes will impact their proposed project’s cost of service and the project’s proposed incremental rates. FERC has imposed a quick,...more

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

LNG Exports/PURPA Modernization: January 19th U.S. House of Representatives Energy Subcommittee Hearing Scheduled

The United States House of Representatives Energy Subcommittee of the House Energy and Commerce Committee has scheduled a January 19th hearing entitled “Legislation Addressing LNG Exports and PURPA Modernization.”...more

Thirteen States Petition FERC to Review Rates in Wake of Federal Tax Reform

by Reed Smith on

In a joint letter dated January 9, 2018, state attorneys general and consumer advocates from 13 states (collectively, the State Advocates) urged the Federal Energy Regulatory Commission (Commission) to address the rate...more

Renewable Energy Update - January 2018 #2

by Allen Matkins on

Focus - FERC rejects Perry's plan to boost coal - Politico - Jan 8 Federal energy regulators on Monday rejected Energy Secretary Rick Perry’s proposal to prop up struggling coal and nuclear power plants, a major defeat...more

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

FERC Terminates DOE’s Proposed Grid Resiliency Rulemaking Effort and Opens Its Own Investigation

by Perkins Coie on

In an order issued Monday, January 8, 2018, the Federal Energy Regulatory Commission unanimously terminated the rulemaking proceeding it previously initiated in response to a directive issued last fall by U.S. Department of...more

Electrical Infrastructure Standards Updated to Meet Cybersecurity Threat

by Bennett Jones LLP on

A quote famously attributed to then FBI Director, Robert Mueller, in March 2012 advised that: “There are only two types of companies: those that have been hacked, and those that will be.”...more

Natural Gas Transportation: 2018 FERC Rate Cases Are Expected to Raise Novel Issues

by Morgan Lewis on

Over a half dozen natural gas rate proceedings are expected to be initiated in 2018, many of which will raise issues such as the impact of the new tax laws on rates and the inclusion of a pipeline modernization tracker in...more

FERC to review certification policies for natural gas pipelines

by Bricker & Eckler LLP on

The Federal Energy Regulatory Commission (FERC) will review its policies on certification of natural gas pipelines, according to FERC Chairman Kevin McIntyre. ...more

9th Circuit Finds That FERC Acted Arbitrarily and Capriciously by Awarding Incentive Adders to PG&E for Membership in CAISO

In an opinion issued January 8, 2018, the United States Court of Appeals for the 9th Circuit found that the Federal Energy Regulatory Commission (FERC) had acted arbitrarily and capriciously when it determined that Pacific...more

FERC Declines DOE-Proposed Resiliency Compensation, Will Review Issue

by Morgan Lewis on

FERC's order refuses to adopt cost-of-service rates for generation with secure on-site fuel supply in organized markets, but leaves open the possibility of future FERC action to address system "resiliency" concerns identified...more

FERC Rejects DOE Grid Resiliency Proposal and Institutes New Proceeding

by Reed Smith on

On January 8, 2018, the Federal Energy Regulatory Commission (Commission) issued an order terminating its review of the Department of Energy’s Notice of Proposed Rulemaking on Grid Reliability and Resilience Pricing. However,...more

Trump Track: FERC Rejects DOE Coal/Nuclear Rule Proposal But Initiates A New One

by Davis Wright Tremaine LLP on

On January 8, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order declining to conduct a rulemaking proposed by Department of Energy Secretary Rick Perry to that would create rate...more

FERC Rejects Department of Energy's Bid for Coal, Nuclear Subsidies

by Holland & Knight LLP on

• The Federal Energy Regulatory Commission (FERC) has voted to terminate a Notice of Proposed Rulemaking stemming from Department of Energy (DOE) Secretary Rick Perry's September 2017 proposal to initiate new pricing rules. ...more

FERC Rejects DOE Proposal for Special Compensation for Coal and Nuclear Generators

by Husch Blackwell LLP on

On January 8, 2018, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order terminating the rulemaking proceeding that it established to address DOE Secretary Rick Perry’s proposed Grid Resiliency...more

FERC Rejects Grid Reliability and Resilience Pricing — For Now!

On January 8, 2018, FERC terminated the docket it opened in response to DOE Secretary Perry’s September proposal to compensate generators who maintain a 90-day fuel supply on-site. The intent of the proposal was to...more

FERC Rejects Department of Energy Proposal Benefitting Coal and Nuclear

by McDermott Will & Emery on

On January 8, 2018, the Federal Energy Regulatory Commission (FERC) rejected the Department of Energy’s (DOE) Proposed Rule, which would have required organized wholesale electricity markets run by independent system...more

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2018, the Federal Energy Regulatory Commission (FERC) issued a Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

FERC Brushes Away Secretary Perry’s “Resiliency” NOPR, Finding It Legally Deficient

by Stoel Rives LLP on

In a move that was widely anticipated across the energy industry, the Federal Energy Regulatory Commission (FERC) today issued an order that terminated a notice of proposed rulemaking that had been initiated in October 2017...more

December 2017: Energy Litigation Update

Recent Federal Decisions on the Constitutionality of State Power-Plant Subsidies. Given an absence of a federal scheme to subsidize power plants that may provide certain benefits (like low carbon emissions) that are not fully...more

FERC Enforcement Litigation Update: Defendants Cannot Take Discovery of FERC’s Decision Not to Pursue Enforcement Cases Against...

One of the big Federal Energy Regulatory Commission (FERC) Enforcement litigation developments of the past two years has been the federal judiciary’s rejection of the agency’s “de novo review” position in electricity market...more

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

by Pierce Atwood LLP on

On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

Energy & Sustainability Connections Newsletter - December 2017

by Mintz Levin on

A Note from the Editors - This month’s edition of Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox....more

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