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Dorsey & Whitney LLP

Energy Law: Month in Review - June 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Troutman Pepper

FERC Proposes to Largely Eliminate Compensation for Reactive Power

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On March 21, 2024, FERC proposed to prohibit transmission providers from being compensated through their transmission rates charges for reactive power that is within the standard power factor range from generating facilities....more

Paul Hastings LLP

FERC Proposes Rule to Prohibit Reactive Power Compensation for Generators

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On March 21, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (NOPR) in Docket No. RM22-2 that proposes to prohibit transmission providers from allowing generating...more

Davis Wright Tremaine LLP

FERC Authorizes Targeted Utility Incentive Rate Options for Advanced Cybersecurity Investments

With Order No. 893, Commission Continues to Prioritize Regulations to Improve Electric Grid Reliability - Cyberattacks continue to threaten the reliability of the electric grid. In response to a congressional directive to...more

BCLP

FERC NOPR seeks comment on proposed ratemaking incentives for transmission owner cybersecurity investments and expenses

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On September 22, 2022, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (2022 NOPR) setting forth proposed utility incentives for expenses and investments relating to...more

Morgan Lewis - Power & Pipes

FERC Revises Methodology to Evaluate Return on Equity (Again)

The Federal Energy Regulatory Commission (FERC) issued Order 569-A on May 21, significantly revising the methodology used to analyze the base return on equity (ROE) of a public utility’s rates under the Federal Power Act....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2020

FERC: No Rehearing on Potomac Pipeline - "A federal commission this week turned down a request to rehear its approval for a proposed natural-gas pipeline under the Potomac River." Why this is important: In 2018, the Federal...more

King & Spalding

Energy Newsletter - November 2019

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The IMO and the Price of Gas or The Impact of the International Maritime Organisation’s Sulphur 2020 Limit for Marine Fuel Oil on the Price of Gas - The main bunker fuel for ships is High Sulphur Fuel Oil (HSFO, with...more

Beveridge & Diamond PC

FERC Proposes the First Comprehensive Reform of its PURPA Regulations Since 1980: Renewables Under the Gun?

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On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to comprehensively rewrite its rules for implementing the Public Utility Regulatory Policies Act...more

Alston & Bird

FERC Proposes Rule Revisions Under the Public Utility Regulatory Policies Act of 1978

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The Federal Energy Regulatory Commission seeks to revise its PURPA regulations after nearly 40 years of growth in the energy industry, but not everyone is on board. Our Energy Group highlights the notable proposed changes and...more

Saul Ewing LLP

FERC Proposes Major Modifications to PURPA - Some Regions May Be More Affected Than Others

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The Federal Energy Regulatory Commission (“FERC”) issued a proposed rulemaking on September 19, 2019, that entails a sweeping overhaul of the Public Utility Policy Act of 1978 ("PURPA") which could have significant impact on...more

Nelson Mullins Riley & Scarborough LLP

FERC Proposes Most Significant Reforms to Regulations Implementing PURPA in Almost Forty Years with Significant Implications for...

Last week, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to modernize its regulations governing small power producers and cogenerators under the Public Utility Regulatory...more

Polsinelli

FERC Proposes Changes to PURPA Regulations

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On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) that outlines potentially significant changes to FERC’s regulations implementing the Public Utility...more

Husch Blackwell LLP

FERC Proposes Sweeping Changes To PURPA Regulations

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The Federal Energy Regulatory Commission (FERC) issued a sweeping Notice of Proposed Rulemaking (NOPR) proposing to dramatically reform its regulations that implement the Public Utility Regulatory Policies Act of 1978...more

King & Spalding

The Ninth Circuit Affirms that California QF Contracts Do Not Comply with PURPA

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On July 29, 2019, the United States Court of Appeals for the Ninth Circuit issued its decision in Winding Creek Solar LLC v. Peterman et al, Case Nos. 17-17531, 17-17532 (9th Cir. July 29, 2019), which affirmed the judgment...more

Sheppard Mullin Richter & Hampton LLP

9th Circuit Says CPUC’s Standard Contract and Re-MAT Program for Certain Renewable Generators are not PURPA Compliant

In a recent opinion, the Ninth Circuit held that the California Public Utilities Commission’s (CPUC) Renewable Market Adjusting Tariff (Re-MAT) program and alternative Qualifying Facility (QF) standard offer contract...more

Orrick, Herrington & Sutcliffe LLP

Major Reforms to FERC Market-Based Rate Program Include New Data Collection Requirements

In a pair of rulemaking orders issued July 18, 2019, the Federal Energy Regulatory Commission (FERC) revised its regulations and policies for obtaining and maintaining authority to sell wholesale energy, capacity and...more

Akin Gump Strauss Hauer & Feld LLP

Congress Passes Energy Legislation on FERC’s Merger Review and Judicial Review of FERC Inaction on Rate Filings

The U.S. Senate and House of Representatives recently passed legislation regarding the Federal Energy Regulatory Commission’s (FERC or Commission) review of certain transactions as well as judicial review of rate changes that...more

Orrick, Herrington & Sutcliffe LLP

FERC Abandons Tax Allowance in MLP Pipeline Rate Setting and Signals Changes Due to Tax Act Rate Drop

On Thursday, March 15, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a series of orders and notices to address changing the treatment of income tax costs in rate setting for oil and natural...more

Akin Gump Strauss Hauer & Feld LLP

FERC Amends Regulations to Remedy Barriers to Energy Storage Participation in Wholesale Electricity Markets; Saves Distributed...

At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more

Holland & Knight LLP

Court Holds Federal Law Preempts California Regulations Promoting Renewable Energy Projects

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• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more

Hogan Lovells

Department of Energy Proposes Major Changes to Wholesale Power Market Rules

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During his confirmation hearing to be Secretary of Energy, Rick Perry repeatedly expressed support for an “all of the above” approach to energy development and use. On Friday, September 29, he initiated one of the first...more

Stinson LLP

DC Circuit Vacates FERC Order on PJM's Capacity Market

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Decision limits FERC's ability to modify rate proposals - In an opinion issued on July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held that Section 205 of the Federal Power Act "does not allow...more

Moore & Van Allen PLLC

FERC Underestimates its Authority: Recoupment vs. Refund of Unjust & Unreasonable Rates

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The Federal Energy Regulatory Commission (FERC) has the authority to order a public utility to refund to its customers rates that FERC determines to be unjust and unreasonable. But what if FERC later determines that the...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

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