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Natural Gas Act Federal Power Act

Jenner & Block

Client Alert: Under Jarkesy, FERC’s Penalty Assessment Schemes Are Unconstitutional

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In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the...more

Venable LLP

Post-Chevron Judicial Review of FERC Decisions

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As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

Troutman Pepper

Senate introduces bipartisan legislation to give FERC retroactive refund authority under section 5 of the Natural Gas Act.

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On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more

Pierce Atwood LLP

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

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On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more

Cadwalader, Wickersham & Taft LLP

Subscribe Proposed Bicameral Legislation to Broaden FERC’s Enforcement Jurisdiction over Trading Energy Commodities

Earlier this month members of Congress jointly introduced the “Energy Consumer Protection Act of 2023,” with the intention of expanding the Federal Energy Regulatory Commission’s (“FERC”) ability to address energy market...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

Jones Day

Fifth Circuit Triples Down: Filed-Rate Natural Gas and Power Contracts Can Be Rejected in Bankruptcy Without FERC Approval

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In Gulfport Energy Corp. v. FERC, 41 F.4th 667 (5th Cir. 2022), the U.S. Court of Appeals for the Fifth Circuit tripled down on its nearly two-decades-long view that filed-rate contracts regulated under the National Gas Act...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

Senator Manchin Proposes to Streamline Energy Infrastructure Permitting and Give FERC Jurisdiction Over Hydrogen

Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022. As part of an agreement to win...more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Reaffirms Bankruptcy Court Jurisdiction Over Rejection of FERC-Regulated Offtake Agreement

Public policy concerns associated with contracts impacted by energy industry bankruptcies filed in the Fifth Circuit will be resolved in bankruptcy court mini-trials instead of FERC proceedings. Parties entering energy...more

Troutman Pepper

FERC Staff Clarifies Changes to Rehearing Practices Following Allegheny Decision

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On September 17, 2020, at FERC’s Virtual Open Meeting, FERC Staff presented an overview of changes to its rehearing practices following the United States Court of Appeals for the District of Columbia Circuit’s (“D.C....more

Jones Day

Industry Participants Weigh in on FERC Proposal to Limit Availability of Tariff Waivers

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The Situation: The Federal Energy Regulatory Commission ("FERC") issued a proposed policy statement that may signal a significant change to FERC's policy on waivers related to remedial relief. The Impact: While it is...more

Morgan Lewis

DC Circuit Rejects FERC’s Use of Tolling Orders; FERC Issues Statement Asking Congress to Act

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A decision by the US Court of Appeals for the DC Circuit on June 30 rejected the near routine use by the Federal Energy Regulatory Commission of tolling orders to prevent rehearing requests from being denied by operation of...more

Morgan Lewis - Power & Pipes

FERC Announces Proposal to Tighten Policy on Tariff Waivers

FERC issued a proposal on May 21 to modify its policy regarding requests for waiver of public utility tariff provisions that are subject to FERC’s review and approval under the Federal Power Act and the Natural Gas Act....more

McGuireWoods LLP

Federal Energy Regulatory Commission Proposes Limiting Policy on Tariff Waivers

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At the May 21, 2020, Federal Energy Regulatory Commission (FERC) meeting, which addressed momentous issues such as revisions to return-on-equity policy and ongoing disputes of liquefied natural gas and pipeline...more

Cozen O'Connor

Court Rejection of FERC’s Actions on PJM MOPR Filing Likely to Change FERC Decision Making

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On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Federal Energy Regulatory Commission (FERC) actions modifying PJM’s Minimum Offer Price Rule filing. NRG Power Marketing, LLC, et al. v....more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Decision on Statute of Limitations Governing SEC’s Recovery of Disgorgement Also Applies to FERC (but Practical...

On June 5, 2017, the U.S. Supreme Court, in Kokesh v. SEC, unanimously held that the Securities and Exchange Commission (SEC) cannot seek disgorgement of unjust profits obtained outside of the five-year statute of limitations...more

Akin Gump Strauss Hauer & Feld LLP

Facing a Potentially Lengthy Non quorum Period, FERC Delegates Further Authority to Its Staff

On February 3, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order (the “Delegation Order”) delegating “further authority” to its staff—beyond the existing delegations of authority...more

Pierce Atwood LLP

FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

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The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more

Cadwalader, Wickersham & Taft LLP

The Supreme Court May Review Whether Regulatory Enforcement Actions Seeking Disgorgement are Subject to a Five-Year Statute of...

Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more

Nutter McClennen & Fish LLP

FERC Investigations: Uncertainty Rules as More Entities Challenge in Federal Court: Insights from Nutter’s Matt Connolly

Legal Update - Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC...more

Stinson LLP

Where Do FERC Enforcement Targets Go to Get Their Day in Court?

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Two Federal District Court Opinions Highlight Differences Between Natural Gas Act and Federal Power Act Investigations - Two weeks ago, a federal judge in Texas rejected arguments that targets of FERC investigations...more

Morgan Lewis

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

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Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

Cadwalader, Wickersham & Taft LLP

FERC Increases Maximum Civil Monetary Penalties for Power, Gas and Oil Companies

On June 29, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an interim final rule amending the civil monetary penalties within its jurisdiction to adjust for inflation. FERC adjusted its penalties...more

Pierce Atwood LLP

FERC Increases Maximum Civil Penalty Amounts To Adjust For Inflation

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On June 29, 2016, the Federal Energy Regulatory Commission ("FERC") issued Order No. 826, increasing the maximum civil penalty amount for violations of statutes, rules, and regulations within FERC’s jurisdiction, in order to...more

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