News & Analysis as of

Federal Energy Regulatory Commission Electricity

Federal Court Finds California PURPA Programs Non-Compliant

In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...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 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

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

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 NOPR Faces Criticism But Remains on Fast-Track, with Initial Comments Due October 23

On September 28, 2017, Secretary of Energy Rick Perry sent a letter to FERC enclosing a Notice of Proposed Rulemaking(NOPR), which Secretary Perry asserts “requires the Commission-approved organized markets to develop and...more

Energy Storage Handbook

by K&L Gates LLP on

As of today, approximately 800 MW of advanced energy storage technologies have been deployed in the United States, with nearly all of that capacity coming online in the last decade. New technologies, use cases, and...more

FERC and Wholesale Market Stakeholders Prepare Responses to Proposed Rule on Grid Resiliency

On September 29, 2017, the Secretary of Energy submitted to the Federal Energy Regulatory Commission a notice of proposed rulemaking to support electric grid resiliency. The notice states that changes to wholesale market...more

FERC and IRS Diverge on Approaches to Tax Equity Investors

by Holland & Knight LLP on

The Internal Revenue Service (IRS) and the Federal Energy Regulatory Commission (FERC) have recently taken different approaches to issues raised by tax equity investors that have invested specifically in renewable energy...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains

by Morgan Lewis on

The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more

Department of Energy Proposes Rule Benefiting Coal and Nuclear to FERC

by McDermott Will & Emery on

On September 28, 2017, the US Department of Energy (DOE) submitted a proposed rule to the Federal Energy Regulatory Commission (FERC) that, if implemented, could reshape organized wholesale electricity markets. Citing...more

DOE Report Offers Extensive Insight, but Limited Policy Suggestions

On August 23, 2017, the Department of Energy (DOE) released its Staff Report assessing the reliability and resilience of the electric grid. The highly anticipated report was commissioned in April 2017 by Secretary of Energy...more

DOE Issues Lon-Awaited Staff Report on Electricity Markets and Reliability

by Stinson Leonard Street on

The U.S. Department of Energy (DOE) released on August 23, 2017 its much anticipated Staff Report on electric grid resources. Secretary of Energy Rick Perry ordered DOE staff to complete the study some months ago to examine...more

DOE Opens the Door to Major Energy Market Reforms

On April 14, 2017, Energy Secretary Rick Perry requested the Department undertake a study to examine electricity markets and reliability in order to determine whether “wholesale energy and capacity markets are adequately...more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

EIB Energy Highlights: FERC Nominees to Restore Quorum, Clean Power Plan Rescission, Infrastructure Bills & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Carbon Pricing Update: All Eyes on FERC’s Upcoming Technical Conference as Eastern Grid Operators Seek to Harmonize Wholesale...

In our February update, we noted that ISO New England (ISO-NE) and New York Independent System Operator (NYISO) stakeholders continue to discuss carbon pricing as one potential solution to better align state and regional...more

D.C. Circuit Tells FERC to Try Again on Utility Rates of Return

by Jones Day on

On April 14, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision that could cause short-term uncertainty for electric utilities, whose rates for transmission service, including the allowed rate of return,...more

What’s New in Washington: 10 Things You Need to Know

The Trump presidency is halfway through its first 100 days. The legislative and executive branches are under a unified Republican government for only the second time since the Eisenhower administration, and the GOP is seeking...more

FERC Schedules Technical Conference on the Interaction Between State Energy Policies and FERC-Regulated Wholesale Electricity...

On March 3, 2017, Federal Energy Regulatory Commission (FERC or the “Commission”) staff scheduled a technical conference to discuss the interaction between state energy policy priorities for generation resources and resource...more

Two Federal Lawsuits Challenge the Constitutionality of the Exelon Nuclear Bailout Legislation

by Clark Hill PLC on

On February 14, 2017, two lawsuits were filed in federal court in Chicago challenging a key provision of sweeping energy legislation known as the Future Energy Jobs Bill ("FEJB"). The FEJB was passed by the Illinois General...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

FERC Proposes Specifics on Allocating Real-Time Uplift to Deviations and More Information on Uplift

by Cozen O'Connor on

At its January meeting, the FERC issued a Notice of Proposed Rulemaking (NOPR) proposing (1) specific processes for allocating real-time uplift costs from deviations to market participants and (2) providing more information...more

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