News & Analysis as of

Federal Energy Regulatory Commission Federal Jurisdiction

Pierce Atwood LLP

FERC Dismisses Petition to Review Jurisdictional Challenges over Net Metering

Pierce Atwood LLP on

On July 16, 2020, the Federal Energy Regulatory Commission (FERC) dismissed the New England Ratepayers Association’s (NERA) petition for a declaratory order. ...more

WilmerHale

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Upholds FERC Jurisdiction Over Demand Response

On January 25, 2016, in a 6-2 decision delivered by Justice Kagan, the U.S. Supreme Court upheld the authority of the Federal Energy Regulatory Commission (FERC) under the Federal Power Act to require wholesale market...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Federal Energy Regulatory Commission v. Electric Power Supply Association and EnerNOC, Inc. v. Electric...

On January 25, 2016, the United States Supreme Court decided Federal Energy Regulatory Commission v. Electric Power Supply Association, No. 14-840, together with EnerNOC, Inc. v. Electric Power Supply Association, No. 14-841,...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Hears Arguments on FERC Demand Response Policy

The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more

Cadwalader, Wickersham & Taft LLP

More FERC Federalism: D.C. Circuit Affirms FERC’s Jurisdiction Again – New England Power Generators Ass’n v. FERC

On July 8, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the petition for review filed by New England Power Generators Association, Inc. and other market participants’ over four Federal...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

Akin Gump Strauss Hauer & Feld LLP

FERC Sets Enforcement Case Against BP for Hearing, Takes Expansive View of Jurisdiction to Enforce Anti-Manipulation Rule

In an order issued on May 15, 2014 that takes a broad view of its jurisdiction over conduct that allegedly violates the Natural Gas Act’s (NGA) prohibition against market manipulation, the Federal Energy Regulatory Commission...more

K&L Gates LLP

FERC Issues Order Asserting Jurisdiction over Ethane Pipelines Under the Interstate Commerce Act

K&L Gates LLP on

On December 31, 2013, the Federal Energy Regulatory Commission (“FERC”), in a case of first impression, confirmed its jurisdiction over and its intention to regulate the economic and operational aspects of the interstate...more

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