News & Analysis as of

Oil & Gas Federal Energy Regulatory Commission Energy Policy

Troutman Pepper

FERC Rejects Basin’s Special Rate for Crypto and Large Load Customers, Sparking Further Interest in “Large Load” Policy...

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On August 20, 2024, the Federal Energy Regulatory Commission (“FERC”) issued an order rejecting, without prejudice, a contested proposal from Basin Electric Power Cooperative (“Basin”) to establish special wholesale power...more

Troutman Pepper

Eighth Circuit Applies FERC’s Filed Rate Doctrine to Reject Allegations that SPP Breached an Oral Contract Made During Winter...

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On August 5, 2024, the United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) denied Associated Electric Cooperative, Inc.’s (“AECI”) petition for review of a Federal Energy Regulatory Commission (“FERC”)...more

Cornerstone Research

U.S. Natural Gas Marketed Production Reaches Record Highs

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Ukraine War contributes to substantial increase in U.S. LNG exports to Europe. Washington—Annual marketed production of natural gas increased in the United States to a record high in 2022...more

Jones Day

U.S. Senators Release Long-Awaited Energy Permitting Reform Bill

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On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more

Troutman Pepper

Court Vacates FERC “Soft” Cap Refund Order Issued After 2020 California Heat Wave

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On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated orders issued by the FERC that required six wholesale power sellers (the “Sellers”) to issue refunds to...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

Troutman Pepper

FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

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On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...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

Troutman Pepper

Senate Committee Considers Three New FERC Nominees

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On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more

Troutman Pepper

Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

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On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator...more

Troutman Pepper

Sixth Circuit Finds that FERC Overstepped its Authority on Voluntary Remand of PJM Reserve Market Design Changes

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On December 19, 2023, the U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”), in Electric Power Supply Association; PJM Power Providers Group v. FERC, held that the former Chair of the Federal Energy Regulatory...more

Troutman Pepper

House Subcommittee Holds FERC Oversight Hearing on Improving Reliability Through Energy Expansion, Interregional Transmission, and...

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On June 13, 2023, the House of Representatives Subcommittee on Energy, Climate, and Grid Security held a hearing on the “Oversight of FERC: Adhering to a Mission of Affordable and Reliable Energy for America.” The hearing...more

Troutman Pepper

D.C. Circuit Addresses Appeals of Rehearings Denied by Operation of Law

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In its May 26, 2023 opinion in Sierra Club v. Federal Energy Regulatory Commission, the United States Court of Appeals for the District of Columbia Circuit addressed challenges to its jurisdiction to hear appeals of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, Volume 6, Issue 12

● Offshore Oil and Gas at Risk of Potentially Catastrophic Cyberattack: GAO - “The industry includes about 1,600 offshore oil and gas facilities that are highly dependent on remotely connected operational technology, the...more

Vinson & Elkins LLP

Feds May Need Power To Take State Lands For New Grid

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Ambitions to decarbonize the power sector by 2035 face a number of significant hurdles — the most intractable of which may be the extent of corresponding highvoltage transmission infrastructure necessary to accommodate the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, Volume 5, Issue 26

As U.S. Retreats, China Looks to Back Taliban with Afghan Mining Investments - "While the Taliban takes stock of the natural resources and U.S.-funded infrastructure now at their disposal, strategic competitors including...more

Skadden, Arps, Slate, Meagher & Flom LLP

Carbon Reduction and Environmental Justice Drive Energy Policy

As we anticipated, under President Biden the Federal Energy Regulatory Commission (FERC) has begun addressing ways to reduce carbon emissions and add new transmission capacity. (See our 2021 Insights article “Under Biden,...more

Morgan Lewis - Power & Pipes

FERC Promotes Greater Participation of Distributed Energy Resources and Demand Response in Energy Markets

The Federal Energy Regulatory Commission (FERC or the Commission) announced during its March 18 open meeting two recent actions to promote greater use of distributed energy resources and demand response. ...more

Nossaman LLP

Fifth Circuit Upholds USFWS Approval of Liquified Natural Gas Facility

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On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a...more

Morgan Lewis - Power & Pipes

FERC Sets Aside Prior Order on NYISO Buyer-Side Mitigation Rules

FERC has issued an order setting aside in part its prior order on New York Independent System Operator, Inc.’s (NYISO’s) buyer-side market power mitigation rules by reversing its decision not to exempt payments received under...more

Morgan Lewis - Power & Pipes

FERC to Investigate Natural Gas and Electricity Markets in Wake of Texas Storm

The Federal Energy Regulatory Commission (FERC) announced on February 22 that its Office of Enforcement would examine wholesale natural gas and electricity market activity during last week’s extreme cold weather ...more

Morgan Lewis

FERC Focuses on Environmental Justice in Pipeline Certification Policy Statement

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The Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on February 18 seeking new information and comments on whether it should revise its policy statement on the certification of new interstate...more

Morgan Lewis - Power & Pipes

Glick Brings Environmental Justice to the Forefront

FERC Chairman Richard Glick announced his plans on February 11 to better incorporate environmental justice and equity concerns into FERC’s decision making process. Improving the process for reviewing and determining the need...more

Steptoe & Johnson PLLC

FERC Proposes Changes to Price Index Reporting Policy

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On December 17, 2020, the Federal Energy Regulatory Committee (“FERC”) acted to revise its long-standing policy and guidelines pertaining to the reporting of natural gas transaction prices to price index publishers by issuing...more

Morgan Lewis

New Natural Gas Infrastructure Likely to Face Challenges During Biden Administration

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Action, or in some cases inaction, by the Federal Energy Regulatory Commission (Commission or FERC) during its last open meeting before the start of the Biden administration sent a strong message to the natural gas industry...more

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