News & Analysis as of

NOPR

FERC Chairman McIntyre Granted 30-Day Extension to Act on DOE NOPR

by Reed Smith on

Facing a looming deadline, newly installed FERC Chairman McIntyre requested a 30-day extension to take final action on the Department of Energy’s Notice of Proposed Rulemaking on Grid Reliability and Resilience Pricing. FERC...more

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

DOL's Proposed Rule Change to Give Employers Increased Flexibility to Distribute or Retain Tips from Employees Earning the Full...

by FordHarrison on

On December 5, 2017, the U.S. Department of Labor (DOL) published its Notice of Proposed Rulemaking (NPRM) to reverse the Obama Administration’s tip rule prohibiting the distribution of tips to anyone other than the...more

Hundreds of Parties Submit Comment in Response to Notice of Proposed Rulemaking on Grid Reliability and Resiliency Pricing

by King & Spalding on

On September 28, 2017, Secretary of Energy Rick Perry issued a Notice of Proposed Rulemaking (the “NOPR”) directing the Federal Energy Regulatory Commission (“FERC”) “to take action to ensure that the reliability and...more

Proposed Regulatory Updates Will Require Increased Analysis of New Loans to Determine if Different Risk Weight Exposures Apply

by Steptoe & Johnson PLLC on

On September 27, 2017, the principal federal banking agencies, the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, released a Notice of...more

Currents - Energy Industry Insights - October 2017 #4

EPA to Restrict Scientific Advisers Who Get Agency Grants - "Pruitt did not say how restrictive the policy would be. But it has the potential to greatly reduce the body of expert scientists who could serve on the boards...more

DOE NOPR Faces Criticism But Remains on Fast-Track, with Initial Comments Due October 23

On September 28, 2017, Secretary of Energy Rick Perry sent a letter to FERC enclosing a Notice of Proposed Rulemaking(NOPR), which Secretary Perry asserts “requires the Commission-approved organized markets to develop and...more

Energy Storage Handbook

by K&L Gates LLP on

As of today, approximately 800 MW of advanced energy storage technologies have been deployed in the United States, with nearly all of that capacity coming online in the last decade. New technologies, use cases, and...more

Department of Energy Files NOPR Providing for Guaranteed Profits for Nuclear and Coal Plants—Only.

by Blank Rome LLP on

The Department of Energy (“DOE”) last Friday rolled out a Notice of Proposed Rulemaking (“NOPR”) with the Federal Energy Regulatory Commission (“FERC”) that amounts to requiring subsidies for nuclear plants and coal plants....more

FERC Proposes Specifics on Allocating Real-Time Uplift to Deviations and More Information on Uplift

by Cozen O'Connor on

At its January meeting, the FERC issued a Notice of Proposed Rulemaking (NOPR) proposing (1) specific processes for allocating real-time uplift costs from deviations to market participants and (2) providing more information...more

FERC Orders Midwest Energy Markets to Be Opened to Energy Storage

The Federal Energy Regulatory Commission (FERC) has taken another important action to open energy markets to energy storage facilities. In November 2016, FERC released a Notice of Proposed Rulemaking (NOPR) to consider issues...more

Summary of FERC Meeting Agenda for January 19, 2017

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

Some Considerations for Comments to FERC on Electric Storage NOPR

by McDermott Will & Emery on

As this blog previously reported, the Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking (NOPR) last month with the goal of requiring organized wholesale electricity markets (RTO/ISO markets)...more

FERC Proposes Reforms to Large Generator Interconnection Procedures and Agreements

by K&L Gates LLP on

On December 15, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to revise Parts 35 and 37 of its regulations, as well as the pro forma Large Generator Interconnection...more

FERC Notice Should Serve as a Call to Action for the Distributed-Energy Resources Industry

On November 17, 2016, the Federal Energy Regulatory Commission (FERC) published a Notice of Proposed Rulemaking (NOPR) proposing to develop compensation models and participation rules for energy-storage devices and...more

FERC Proposes Rules on Electric Storage and Distributed Energy Resource Participation in Organized Wholesale Power Markets,...

by Morrison & Foerster LLP on

FERC issued a proposed rule last week that has the potential to blaze a path forward for electric storage and distributed energy resources in organized wholesale electricity markets. It also released its annual enforcement...more

FERC Proposes to Integrate Electric Storage into Organized Markets

by Morgan Lewis on

The proposed rule recognizes the physical and operational characteristics of electric storage resources and distributed energy resource aggregators and removes barriers to their participation in organized wholesale electric...more

FERC Proposes to Remove Barriers to Wholesale Market Participation for Electricity Storage and Distributed Energy Resource...

by McDermott Will & Emery on

On November 17, 2016, the Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking (NOPR) that, if adopted, would require organized wholesale electricity markets (RTO/ISO markets) to modify their...more

FERC Proposes Adding Electric Storage and Distributed Energy Resources to the Wholesale Electric Market

On November 17, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Proposed Rulemaking (NOPR) on electric storage and distributed energy resources, Docket Nos. RM 16-23-000;...more

FERC NOPR Seeks Connected Entity Data from Virtual Traders and Financial Transmission Rights Holders

by Cozen O'Connor on

The Federal Energy Regulatory Commission (FERC) recently proposed that virtual traders and financial transmission rights holders (collectively Virtual/FTR Participants), which are not FERC electric market based rate holders...more

FERC Proposes New Data Collection Rules

by King & Spalding on

On July 21, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking (the “NOPR”) addressing the collection of certain data from sellers making sales at market-based rates (“MBR Sellers”)...more

FERC Seeks to Enhance Electricity Market Surveillance and Data Collection for Market-Based Rates Sellers and Other Market...

by Morrison & Foerster LLP on

On July 21, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (July NOPR) to require certain participants in wholesale electric markets to submit “relational databases” to report...more

FERC Accepts Revisions to Cybersecurity Reliability Standards, Orders Further Revisions

On January 21, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 822, approving revisions to certain Critical Infrastructure Protection (CIP) standards developed (and primarily...more

FERC Proposes Allowing Higher Priced Energy Offers in Organized Markets

On January 21, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing to raise the price cap on incremental offers into the energy market. The NOPR is...more

FERC Proposes Revisions to Upstream Ownership Information Requirements for Market-Based Rate Filings

On December 17, 2015, just two months after significantly refining its market-based rate (MBR) policies and procedures in Order No. 816, the Federal Energy Regulatory Commission (FERC) proposed further revisions to its MBR...more

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