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Latham & Watkins LLP

FERC Expands Scope of Affiliation Between Investor and Public Utility

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More investors in public utilities may now be considered affiliates, thereby significantly increasing compliance obligations and transactions subject to prior FERC approval. On October 20, 2022, the Federal Energy...more

Dorsey & Whitney LLP

FERC Increases Regulatory Oversight of Investors With Officers or Directors on Public Utilities’ Boards

Dorsey & Whitney LLP on

​​​​​​​The Federal Energy Regulatory Commission (“FERC”) recently ruled that an investor is deemed an affiliate of a public utility if the investor has a seat on the public utility’s board of directors. This rule indicates...more

A&O Shearman

Accounting for FERC’s Ability to Revoke MBR Authority in Project Financing Agreements

A&O Shearman on

On June 9, the Federal Energy Regulatory Commission (“FERC”) issued an order revoking authority to charge negotiated “market-based” rates (“MBR Authority”) previously granted to several subsidiaries of Berkshire Hathaway...more

Morgan Lewis

FERC Clarifies Policy on Simultaneous Exchange Transactions

Morgan Lewis on

FERC reiterates that simultaneous exchanges between affiliates require prior approval and clarifies the types of transactions covered by this policy and the showing necessary to receive FERC approval....more

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