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Public Utility Federal Energy Regulatory Commission Board of Directors

Stoel Rives LLP

FERC Issues Order Expanding Findings Related to Non-Independent Directors and Affiliation

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On September 6, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued an order finding that the presence of a non-independent director, i.e., one who is affiliated with an investor, on the board of...more

Jones Day

FERC Affirms Expansion of its Affiliate Rules, Reflecting Greater Scrutiny Over Investments in Public Utilities

Jones Day on

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

Latham & Watkins LLP

FERC Expands Scope of Affiliation Between Investor and Public Utility

Latham & Watkins LLP on

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

Dorsey & Whitney LLP

FERC Increases Regulatory Oversight of Investors With Officers or Directors on Public Utilities’ Boards

Dorsey & Whitney LLP on

​​​​​​​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

Sheppard Mullin Richter & Hampton LLP

FERC Order No. 856-A Clarifies Regulations Regarding Interlocking Directorates of Public Utilities and Certain Other Entities

The Federal Energy Regulatory Commission in Order No. 856-A on July 18, 2019 granted in part and denied in part a request for rehearing of Order No. 856. Order No. 856 eased restrictions on current or potential interlocking...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Clarify and Streamline Its Interlocking Directorate Regulations

On July 19, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) to update and clarify its regulations covering “interlocking directorate” positions (i.e.,...more

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