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Federal Energy Regulatory Commission Proposed Rules

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Smith Gambrell Russell

FERC Proposes Prohibiting Reactive Power Compensation

On March 21, 2024, the Federal Energy Regulatory Commission (FERC) proposed rulemaking that will change the way in which generators receive compensation. Specifically, FERC proposed to prohibit compensation for reactive power...more

Troutman Pepper

Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

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On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Eliminate Reactive Power Compensation for Generation Resources

On March 21, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued its Compensation for Reactive Power Within the Standard Power Factor Range Notice of Proposed Rulemaking, which proposes to prohibit...more

Locke Lord LLP

FERC Proposes Rule to Discontinue Reactive Compensation to Generation

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On March 21, 2024, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to discontinue compensation for the reactive service that electric generation provides “within the...more

Skadden, Arps, Slate, Meagher & Flom LLP

FERC Would Have Wide Discretion Under an Expanded Duty of Candor

The Federal Energy Regulatory Commission (FERC or the Commission) is exploring whether to impose a new far-reaching duty of candor requirement. The proposed rule would prohibit the submission of inaccurate information to FERC...more

Holland & Knight LLP

FERC Proposes New Rules to Jumpstart Electric Transmission Buildout

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The Federal Energy Regulatory Commission (FERC) on Dec. 15, 2022, proposed an important new set of regulations to implement certain changes recently passed by Congress to the agency's authority to license new interstate...more

Holland & Knight LLP

FERC's Proposed "Duty of Candor" Draws Significant Opposition

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The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (180 FERC ¶ 61,052 (2022))(Proposed Rule) on July 28, 2022, that would impose a sweeping "duty of candor" across all energy industries...more

Paul Hastings LLP

FERC’s Proposed Expansion of Duty of Candor Could Increase Compliance Risk

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Can a seemingly innocuous requirement to tell the truth create unintended consequences? The Federal Energy Regulatory Commission (“FERC” or “Commission”) raised this question when it issued its July 28, 2022 Notice of...more

Morgan Lewis - Power & Pipes

FERC Proposes to Expand Duty of Candor Rule

FERC recently issued a notice of proposed rulemaking (NOPR) to expand the existing duty of candor rule by adding a requirement in 18 CFR Part 1 that any entity communicating with FERC or other specified organizations related...more

Jones Day

FERC Proposes to Expand "Duty of Candor" Rule

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On July 28, 2022, the Federal Energy Regulatory Commission (the "Commission" or "FERC") proposed a new rule which would significantly expand the existing "duty of candor" rule (found at 18 C.F.R. 35.41(b)) to apply to any...more

Holland & Knight LLP

FERC Issues Proposed Rulemaking to Expand 'Duty of Candor'

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The Federal Energy Regulatory Commission (Commission) on July 28, 2022, issued a Notice of Proposed Rulemaking (NOPR) that would impose a broad "duty of candor" on "all entities communicating with the Commission or other...more

Schwabe, Williamson & Wyatt PC

EPA’s Proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule Could Cause Ripple Effects With Project...

On June 1, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would modify its requirements for water quality certification under Clean Water Act (CWA) Section 401 (the “Proposed Rule”). The...more

Troutman Pepper

FERC Proposes Rules to Address Extreme Weather

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On June 16, 2022, FERC issued two Notice of Proposed Rulemakings (“NOPRs”) aimed at improving the reliability of the bulk power system against threats of extreme weather. The NOPRs build on the June 2021 Technical Conference...more

Foley Hoag LLP - Energy & Climate Counsel

FERC issues Notice of Proposed Rulemaking concerning generator interconnection; aims to speed, simplify processes

Electric transmission planning processes have not been able to keep pace with demand for interconnection service, leaving over 1,000 gigawatts (GW) of generation and 400 GW of storage stranded in the nation’s interconnection...more

White & Case LLP

Supreme Court Rules EPA Cannot Require Existing Fossil Fuel Power Facilities to Shift to Lower CO2 Emitting Sources of Electricity

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On June 30, 2022, the Supreme Court ruled that the US Environmental Protection Agency (EPA) cannot use the Clean Air Act to require fossil fuel power facilities to implement a measure known as "generation shifting" without...more

Bond Schoeneck & King PLLC

EPA Proposed Modified Water Quality Rule Creating Greater Uncertainty

On June 2, 2022, the United States Environmental Protection Agency (EPA) announced a proposed rule updating the water quality certification regulatory requirements under Section 401 of the Clean Water Act (CWA). This proposed...more

Holland & Knight LLP

Environmental Protection Agency Proposes Revised Clean Water Act Regulation

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The U.S. Environmental Protection Agency (EPA) published a proposed rule on June 9, 2022, to revise the requirements for water quality certification under the Clean Water Act (CWA) Section 401. The proposed rule changes both...more

Foley Hoag LLP - Energy & Climate Counsel

Foley Hoag Hosts Energy Bar Association’s Northeast Chapter Annual Meeting

On Wednesday, June 8, Foley Hoag hosted the Energy Bar Association’s (EBA) Northeast Chapter Annual Meeting at the firm’s Boston offices. The event featured three panels, which explored the changing laws, technologies, and...more

Foley Hoag LLP - Environmental Law

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Foley & Lardner LLP

FERC Proposes New Transmission Planning and Cost Allocation Reform and PJM Announces Interconnection Revamp

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On April 21, 2022, the Federal Energy Regulatory Commission (“FERC”) approved a draft proposed rule (the “Proposed Rule”) regarding transmission planning and transmission cost allocation. According to a FERC news release...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Carbon Pricing in Organized Wholesale Electricity Markets: Federal Energy Regulatory Commission Proposed Policy Statement

The Federal Energy Regulatory Commission (“FERC”) proposed on October 15th a policy statement titled: Carbon Pricing in Organized Wholesale Electricity Markets (“Policy”) See Docket No. AD20-14-000....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #4

Fossil Fuels Still Supply 84 Percent of World Energy — and Other Eye Openers from BP’s Annual Review - "China was responsible for three quarters of the world’s energy consumption growth, followed by India and Indonesia....more

Sheppard Mullin Richter & Hampton LLP

FERC Proposes Major Changes to PURPA Regulations Impacting Qualifying Facility Rates and Requirements; Throwing Roadblocks in the...

The Federal Energy Regulatory Commission (“FERC”) requested comments on a proposed rulemaking to revise its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Notice of Proposed Rulemaking...more

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