News & Analysis as of

Petition For Rehearing Federal Energy Regulatory Commission

Holland & Knight LLP

FERC Affirms and Clarifies Magellan Marketing Affiliate Order

Holland & Knight LLP on

After a five-year wait, the Federal Energy Regulatory Commission (FERC) has denied rehearing of its 2017 order in Magellan Midstream Partners, L.P., 161 FERC ¶ 61,219 (2017) (Magellan) that declared Magellan Midstream...more

Troutman Pepper

FERC Sustains PJM and ISO-NE Immediate Need Reliability Project Exemption Orders

Troutman Pepper on

On September 29, 2020, in response to a request for rehearing, FERC issued an order modifying the discussion in, while sustaining the result of, a prior order finding that PJM Interconnection, L.L.C. (“PJM”) was not in...more

Morgan Lewis

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

Morgan Lewis on

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

Bricker Graydon LLP

D.C. Circuit bars long-standing FERC rehearing tolling practice

Bricker Graydon LLP on

On June 30, 2020, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denounced the practice of the secretary of the Federal Energy Regulatory Commission (FERC) in issuing tolling orders, which provide FERC with...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Ends FERC’s Use of Tolling Orders to Delay Judicial Review, Leaves More Questions than Answers

On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), sitting en banc, upended decades of Federal Energy Regulatory Commission (FERC or the “Commission”) practice. Allegheny...more

King & Spalding

Energy Newsletter - June 2020

King & Spalding on

The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more

King & Spalding

FERC Adopts Regulations Delaying Construction of Federally-Regulated Natural Gas Projects Until it Rules on Requests for Rehearing

King & Spalding on

On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order amending its regulations to preclude the commencement of construction of FERC-authorized natural gas pipeline, storage and...more

McGuireWoods LLP

D.C. Circuit Examines FERC’s Use of “Tolling Orders” in Response to Rehearing Requests

McGuireWoods LLP on

On April 27, 2020, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, heard oral argument in Allegheny Defense Fund v. FERC. At issue is whether it is lawful for the Federal Energy Regulatory Commission to issue...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

Jones Day

FERC Opens a New Phase in Fights Over Utility Returns on Equity

Jones Day on

The Decision: The Federal Energy Regulatory Commission's ("FERC") Opinion No. 569 establishes new methodologies under Federal Power Act ("FPA") Section 206 for (i) determining whether existing electric utility transmission...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2019

White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 20, 2019 meeting, pursuant to the agenda as issued on June 13, 2019. Agenda item H-1 has not been summarized due to omission...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Electric Storage Resources/Order No. 841: Federal Energy Regulatory Commission Addresses Petitions for Rehearing/Clarifications

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Rehearing and Clarification in the May 23rd Federal Register. See 84 Fed. Reg. 23902. The Order addresses Petitions for Rehearing and Clarification...more

Akin Gump Strauss Hauer & Feld LLP

FERC Denies Rehearing of Opinion No. 531

On March 3, 2015, the Federal Energy Regulatory Commission (“FERC”) issued Opinion No. 531-B, an order denying rehearing of Opinion No. 531. Opinion No. 531 involved a challenge to the New England Transmission Owners’...more

Akin Gump Strauss Hauer & Feld LLP

FERC Eases EQR Filing Burden by Eliminating E-Tag ID Requirement

On February 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order on Rehearing of its Order No. 768, in which FERC expanded its Electric Quarterly Report (EQR) filing requirements by, among other things,...more

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