Building off its White Paper issued last summer, the Federal Energy Regulatory Commission (FERC or the “Commission”) has proposed changes to its regulations that would encourage more robust investment in cybersecurity...more
In an Order on Rehearing and Clarification issued at its May open meeting, the Federal Energy Regulatory Commission (FERC or “Commission”) generally affirmed Order No. 841, its 2018 Final Rule on electric storage. Electric...more
5/21/2019
/ Electricity ,
Energy Market ,
Energy Sector ,
Energy Storage ,
Federal Power Act ,
FERC ,
Final Rules ,
ISOs ,
Opt-Outs ,
RTO ,
Tariffs ,
Wholesale
In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more
12/12/2018
/ CAISO ,
Capacity Market ,
Electric Generation Suppliers ,
Electricity ,
Energy Market ,
Energy Sector ,
Federal Power Act ,
FERC ,
Natural Gas ,
Oil & Gas ,
Power Grid ,
Tariffs ,
Utilities Sector ,
Wholesale
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
8/1/2018
/ Board of Directors ,
Comment Period ,
Corporate Officers ,
Deregulation ,
Federal Power Act ,
FERC ,
Filing Requirements ,
Financial Institutions ,
Interlocking Directorate ,
Notice of Proposed Rulemaking (NOPR) ,
Prior Authorization ,
Public Comment ,
Public Utility ,
Regulatory Burden ,
Utilities Sector
The New York Independent System Operator (NYISO) recently released a Carbon Pricing Straw Proposal (Proposal) to advance the State’s energy and environmental goals by reflecting the cost of carbon emissions in wholesale...more
5/30/2018
/ Capacity Market ,
Carbon Emissions ,
Carbon Pricing ,
Clean Energy ,
Climate Change ,
Cost Allocation ,
Electricity ,
Energy Sector ,
Federal Power Act ,
FERC ,
Greenhouse Gas Emissions ,
NYISO ,
Power Grid ,
Public Policy ,
Suppliers ,
Transmission Planning ,
Wholesale
The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more
9/18/2017
/ Electric Cooperative ,
Electric Generation Suppliers ,
Energy Sector ,
Federal Power Act ,
FERC ,
Grandfathered Status ,
Motion to Terminate ,
Power Companies ,
Power Purchase Agreements ,
PURPA ,
Quorum ,
Renewable Energy
On July 14, 2017, and July 25, 2017, the U.S. District Court for the Northern District of Illinois and the U.S. District Court for the Southern District of New York, respectively, dismissed challenges to the Illinois and New...more
8/16/2017
/ Constitutional Challenges ,
Dismissals ,
Dormant Commerce Clause ,
Energy Policy ,
Equal Protection ,
Federal Power Act ,
FERC ,
Nuclear Power ,
Preemption ,
Private Right of Action ,
Renewable Energy Incentives ,
States Rights ,
Subsidies ,
Zero Emission Credits ,
Zone of Interests
On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more
On November 15, 2016, the Federal Energy Regulatory Commission (FERC) issued an order dismissing a petition for declaratory filed by two Maryland electric cooperatives requesting a FERC finding that regulations governing...more
11/22/2016
/ Community Shared Solar ,
Declaratory Rulings ,
Dismissals ,
Federal Power Act ,
FERC ,
Grid Energy Storage ,
Public Utility ,
PURPA ,
Renewable Energy ,
Solar Energy ,
State Pilot Programs
On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market...more
9/29/2016
/ Acquisitions ,
Competition ,
Energy Market ,
Federal Power Act ,
FERC ,
Horizontal Mergers ,
Market Power ,
Mergers ,
Notice of Inquiry ,
Power Purchase Agreements ,
Public Comment ,
Section 203
On April 19, 2016, for the second time in three months, the Supreme Court of the United States reaffirmed the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over the formation of wholesale rates in...more
On December 16, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty (OSC) directing ETRACOM LLC and its principal member and trader, Michael...more
On November 19, 2015, the Federal Energy Regulatory Commission (FERC) reaffirmed and clarified the exemption for certain Qualifying Facilities (QFs) from Section 203 of the Federal Power Act (FPA) set forth in Section...more
A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more
8/18/2015
/ Administrative Law Judge (ALJ) ,
Appeals ,
BP ,
CFTC ,
Commodity Futures Contracts ,
Enforcement Authority ,
Exclusive Jurisdiction ,
Federal Power Act ,
FERC ,
Market Manipulation ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Transacting Intrastate Business
On July 30, 2015, two weeks after the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) to Columbia Gas Transmission LLC (“Columbia Gas”) for...more
On February 2, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order) directing Calgary-based Maxim Power Corporation and certain of its...more
The Federal Energy Regulatory Commission (FERC) last week issued a proposed policy statement to clarify FERC’s allowance of “hold harmless” commitments in applications filed under Section 203 of the Federal Power Act (FPA)....more
On December 17, 2014, as amended December 18, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order)1 directing Houlian (Alan) Chen, HEEP Fund,...more
1/6/2015
/ Civil Monetary Penalty ,
Disgorgement ,
Electricity ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Fraud ,
Investment Funds ,
Market Manipulation ,
Order to Show Cause ,
PJM
On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more
On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more
On February 6, 2014, the New York Association of Public Power (NYAPP) filed a second complaint (Second Complaint) against Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) asking the Federal Energy Regulatory...more
On October 1, 2013, we reported here that the Federal Energy Regulatory Commission (FERC) issued orders on August 29, 2013, assessing civil penalties against, and requiring disgorgement of profits by, Lincoln Paper and...more
On October 11, 2013, the United States District Court for the District of New Jersey issued its decision in PPL Energyplus, LLC v. Hanna. This case follows a recent decision in which the U.S. District Court for the District...more
On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more
On August 29, 2013, the Federal Energy Regulatory Commission (FERC) issued three orders assessing civil penalties on, and requiring disgorgement of profits by, Lincoln Paper and Tissue, LLC (Lincoln), Competitive Energy...more