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FERC Rescinds NAV Policy

This week, the Federal Energy Regulatory Commission (“FERC”) issued an order rescinding its Notice of Alleged Violation (“NAV”) Policy. The NAV Policy was put in place by a 2009 order and authorized FERC’s Office of...more

Court Holds FERC De Novo Review to Proceed as “Ordinary Civil Action”

Last week, a federal district judge ruled for the first time that the “review de novo” promised by section 31(d) of the Federal Power Act (“FPA”), 16 U.S.C. § 823b(d), will be “treated as an ordinary civil action requiring a...more

FERC Market Manipulation Case Still Alive After Ruling in Silkman and Lincoln Paper Case

For the past several years, FERC has been investigating several energy industry participants under several theories of market manipulation. Gradually, these cases have moved from administrative proceedings to U.S. district...more

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