The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRA
Nota Bene Podcast Episode 133: What’s Driving the Shift Toward Renewable Energy? with Paul Kaufman and Ben Huffman
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
On April 25, 2024, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) filed a joint comment with the Federal Energy Regulatory Commission (FERC or Commission) raising concerns about...more
On Dec. 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comments on whether it should revise its policy on providing blanket authorizations under Section 203(a)(2) of the...more
The Federal Energy Regulatory Commission (“FERC”) will host its January Open Meeting on Thursday, January 18, 2024. The Sunshine Act Meeting Notice (“Notice”) issued January 11, 2024, indicates that FERC intends to take...more
On December 19, 2023, the Federal Energy Regulatory Commission ("FERC") issued a Notice of Inquiry ("NOI") seeking comment in early 2024 on whether and how to revise its policy on blanket authorizations for investment company...more
On December 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) to request public comments on questions relating to FERC’s current policy on providing blanket authorizations for the...more
On December 19, 2023, FERC issued a Notice of Inquiry (“NOI”) to examine whether and how to revise its policy on providing blanket authorizations for holding companies, including investment companies, to acquire securities in...more
The Federal Energy Regulatory Commission ("Commission" or "FERC"), sustaining a previous order, holds that the appointment of a non-independent director by an investor to a utility's board creates a per se affiliate...more
On July 3, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order confirming a more aggressive posture towards scrutinizing the ability of investors to exercise control over public utilities...more
On July 3, 2023, the Federal Energy Regulatory Commission (“FERC”) issued an order addressing issues raised on rehearing in response to one of two October 2022 orders that set the stage for small minority investors to be...more
A group of 17 states, through their Attorneys General (“State AGs”), filed a motion (“Motion”) on May 10, 2023, requesting that the Commission audit and investigate whether BlackRock is acting as an “activist” investor,...more
On March 16, 2023, FERC granted a petition declaring that, should it issue orders pursuant to Sections 210 and 211 of the Federal Power Act (“FPA”), which would be required for a prospective project to interconnect Puerto...more
On December 30, 2022, FERC issued an order approving a stipulation between the Office of Enforcement and FirstEnergy Corp., which required FirstEnergy to pay a civil penalty and submit to compliance monitoring because...more
On October 20, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two orders addressing the regulatory impact of the right to appoint a non-independent board member of a FERC-jurisdictional...more
In a pair of recent orders, the Federal Energy Regulatory Commission (FERC) announced significant clarifications regarding (1) what constitutes a change of control of a public utility or public utility holding company (FERC...more
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
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
Two recent FERC decisions hold that appointment of an investor’s own officers or directors, or other appointee accountable to the investor, to the board of a public utility or holding company that owns public utilities will...more
On October 20, 2022, FERC issued orders in two separate proceedings that clarified how investor company appointments to public utility boards of directors can trigger additional FERC regulatory scrutiny. Specifically, in the...more
The Federal Energy Regulatory Commission (FERC), relying on its authority under Section 206 of the Federal Power Act (FPA), issued a Notice of Proposed Rulemaking (NOPR) on April 21, 2022, laying out broad reforms to its...more
FERC initiated show-cause proceedings on April 21, 2022, to investigate the justness and reasonableness of the formula rate protocols of five public utility transmission providers in the West....more
On June 17, 2021, FERC took two actions to encourage transmission development across the U.S. Specifically, FERC issued an order establishing a joint state-federal task force to evaluate transmission development issues, and...more
On March 18, FERC issued a highly anticipated order denying the petition for declaratory order filed by several electric public utilities addressing the extent to which equity ownership of multiple utility holding companies...more
On March 19, 2021, a divided Federal Energy Regulatory Commission (FERC or the “Commission”) reverted to its long-standing “send out” analysis for determining the “power production capacity” of a small power production...more
On March 18, 2021, in response to a petition seeking clarification regarding the treatment of certain institutional investors for purposes of the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) regulations,...more
At its December open meeting, FERC proposed to establish rules for incentive-based rate treatments for voluntary cybersecurity investments by a public utility. If approved, the regulations would provide incentives for...more