The Council on Environmental Quality (CEQ) published draft guidance on June 26 to address how agencies implementing environmental reviews under the National Environmental Policy Act (NEPA) should consider greenhouse gas (GHG)...more
The Federal Energy Regulatory Commission (FERC or Commission) on July 18 issued a rule, initially proposed in July 2016, restructuring the way it collects certain data for market-based rate (MBR) purposes and significantly...more
Wholesale electricity sellers that are not government owned are subject to regulation by the Federal Energy Regulatory Commission. Obtaining FERC approval to sell wholesale electricity at “market-based rates” (which is nearly...more
When a business entity that is regulated by the Federal Energy Regulatory Commission (FERC) is closely related to another business entity, FERC takes the position that under some circumstances it may treat the two different...more
FERC recently approved proposed Reliability Standard CIP-008-6, which expands the mandatory reporting requirements for Cyber Security Incidents that attempt to compromise the operation of the bulk power system. Under the new...more
The supply chain risks facing electric utilities have long been a concern for industry stakeholders and regulators alike. Reflecting those concerns, NERC submitted a report on May 28 to FERC recommending the expansion of...more
A recent grid reliability report issued by staff members of the Offices of Electric Reliability and Enforcement within FERC evaluating the upcoming operating season underscored the changing generation resource mix in the...more
FERC Staff issued a report on March 29 on Commission-led critical infrastructure protection (CIP) reliability audits completed for fiscal years 2016 through 2018. The report provides lessons learned from those audits, as well...more
The Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking on December 20 that would partially relax the competitive market power study requirements that apply to public utilities with Market-Based Rate...more
A Qualifying Cogeneration Facility (Cogen QF) that improves or restores its thermal offtake need not fear the loss of its legal status or impairment of its power sales contracts solely because of its compliance efforts and...more
The final rule reflects regulator concerns that the cyber threats facing electric utilities are largely underreported....more
Regional transmission operator PJM Interconnection, L.L.C. recently changed its operating manual to require that generating entities experiencing direct or indirect changes in ownership or control notify PJM of such changes...more
The US Court of Appeals for the District of Columbia denied challenges to Federal Energy Regulatory Commission orders that rejected a Midcontinent Independent System Operator (MISO) cost allocation proposal on the grounds...more
The proposal would adopt NERC standards on accelerated deadlines and expand the scope of covered assets subject to supply chain risk management. If adopted, these standards could significantly alter the electric utility...more
FERC's order refuses to adopt cost-of-service rates for generation with secure on-site fuel supply in organized markets, but leaves open the possibility of future FERC action to address system "resiliency" concerns identified...more
The proposal follows a Federal Energy Regulatory Commission finding that existing cyber threats to electric utilities are underreported....more
Report adds transparency on surveillance activities and confirms that despite the lack of quorum for much of FY 2017, FERC enforcement activity continued prior trends....more
The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more
Agency clarifies that Section 203 approval is not required for tax equity investments with specified, limited veto and consent rights....more
If the proposed rules are adopted, they could provide significant economic support to coal and nuclear generation in organized markets....more
Inverter disconnect events increasingly pose a reliability risk with the growth of solar generation.
On June 8, the North American Electric Reliability Corporation (NERC) released its report on the loss of 1,200 MW of solar...more
The report shows a continued focus on manipulative conduct in energy markets as well as serious mandatory reliability standards violations, but also shows FERC’s increasing caseload in federal court....more
The decision will likely affect the strategies of enforcement targets in electric market manipulation cases.
For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more
7/29/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Agency Deference ,
Civil Monetary Penalty ,
De Novo Standard of Review ,
Discovery ,
Due Process ,
Electricity ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
Federal Rules of Civil Procedure ,
FERC ,
Market Manipulation ,
Order to Show Cause
Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense.
On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more
7/21/2016
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Business Entities ,
Federal Power Act ,
FERC ,
Interstate Commerce ,
Natural Gas Act ,
Pass-Through Entities ,
Pipelines ,
REIT ,
Tax Allocation Agreements ,
Tax Allowances ,
Tax Liability ,
United Airlines
Implementing new statutory authority, FERC proposes revised regulations to secure and share Critical Electric Infrastructure Information and penalize its unauthorized disclosure....more