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Transmission NOPR: Long-Term Transmission Planning – Part 1

More than a decade since issuing Order No. 1000, FERC is formally developing new rules for regional transmission planning and cost allocation after what FERC calls “mounting evidence” that existing planning processes are...more

FERC Issues Penalty for Hydro License Violation

As an example of its renewed focus on dam safety, FERC recently issued an order assessing a $600,000 civil penalty to Ampersand Cranberry Lake Hydro LLC for a violation of Ampersand’s hydro license for the 500 kW Cranberry...more

FERC Extends Deadline to Justify Western Electricity Coordinating Council Spot Market Sales Above Cost Cap

At the March open meeting, FERC issued an order extending the existing deadline for power sellers making sales above the energy price cap in the Western Electricity Coordinating Council (WECC) region. As a result of the...more

FERC Reiterates Importance of Filing Updated Form 556 for Qualifying Facilities

In an order denying a request to waive filing requirements triggered by changes in ownership of qualifying facility (QF) projects, the Federal Energy Regulatory Commission reiterated the importance of ensuring QF filings,...more

FERC and NRC to Hold Joint Meeting March 31

As part of a long-standing series of joint meetings, FERC and the Nuclear Regulatory Commission (NRC) will be hosting a joint meeting on March 31, 2022...more

North American Electric Reliability Corporation Files 2022 Standards Report

The North American Electric Reliability Corporation (NERC) filed its 2022 NERC Standards Report, Status and Timetable for Addressing Regulatory Directives summarizing the progress made and plans for addressing the reliability...more

Understanding Regulatory and Environmental Challenges to Offshore Energy Projects

As renewable energy grows in popularity, offshore power generation has been bolstered by recent federal and state initiatives that support the development and integration of offshore renewables to achieve emission reduction...more

The Infrastructure Act’s Impact on the Energy and Technology Industries

The Infrastructure Investment and Jobs Act (IIJA) is slated to provide unprecedented levels of federal spending toward physical infrastructure, allocating $1.2 trillion not only for funding roads, bridges, and rails, but also...more

2021 Year in Review: Climate Change

The global impact of our planet’s changing climate garnered significant attention in 2021. The United States rejoined the Paris Agreement at the beginning of the year, and in November, during the United Nations Climate Change...more

District Court Ruling Would Impute Liability to Employer in Nearly All FERC Enforcement Matters

A recent district court order highlights the importance of maintaining a strong compliance program with effective compliance controls and practices, while highlighting the risk of employee misconduct for the enterprise...more

FERC Issues Rule to Expand Utilization of Transmission Lines

At its December 2021 open meeting, the Federal Energy Regulatory Commission (FERC or the Commission) approved new rules to improve utilization of the transmission system by redefining “transmission line rating” to account for...more

FERC Finalizes Hydropower Dam Safety Requirements

The Federal Energy Regulatory Commission recently issued a final rule, Order No. 880, revising its hydropower project inspection and safety regulations. The updates revise part 12 of FERC’s regulations and conclude an...more

Nuclear Energy: The Key to Achieving Climate Change Goals

Despite the global attention being paid to combatting climate change, nuclear energy is often ignored in the discussion about how to reduce carbon emissions, but as a reliable, low-carbon energy source, nuclear power is...more

Department of Energy Initiates Broad Review of Energy Sector Supply Chain

The Federal Register recently published the US Department of Energy’s (DOE) notice of Request for Information (RFI) seeking public input on energy sector supply chains. The RFI requests that stakeholders provide comment on a...more

Ohio District Court Rejects FERC Enforcement of Disgorgement and Joint and Several Liability

The US District Court for the Southern District of Ohio held on November 29, 2021, that in actions commenced under 16 USC Section 823b, district courts have the power to decide whether FERC can enforce civil penalties but do...more

Bipartisan Infrastructure Bill Could Revolutionize the Energy Industry

President Joseph Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (the Act) on November 15, 2021, which allocates $550 billion in new spending over the next five years to improve US infrastructure,...more

Revised Infrastructure Bill Contains Billions to Spur Transmission Investment

US congressional Democrats released the latest version of H.R. 5376—better known as the Build Back Better Act—late last week, hoping to advance a $1.85 trillion spending package after months of deadlock. The release of the...more

FERC Further Delays Implementation of MBR Database Reporting Requirements

FERC recently issued a notice of extension of time further extending, by three months, the compliance dates for FERC’s new market-based rate (MBR) relationship database filing requirements under Order No. 860. This extension...more

FERC Proposes Penalty for Hydro License Violation

FERC recently issued an order to show cause and notice of proposed penalty to Ampersand Cranberry Lake Hydro LLC for a violation of Ampersand’s hydro license for the Cranberry Lake Project No. 9658 (Cranberry Lake Project)....more

PJM’s ‘Focused’ Minimum Offer Price Rule Takes Effect by Operation of Law

In a notice issued on September 29, 2021, FERC stated that it did not act on PJM Interconnection LLC’s (PJM’s) proposed reforms to the application of the Minimum Offer Price Rule (MOPR) because the Commissioners are divided...more

FERC/NERC Report on Winter Storm Uri Recommends Enhanced Cold Weather Preparation

A report presented on September 23, 2021, into the February 2021 power outages in Texas and the US Midwest caused by extreme cold weather identified the causes of the outages and outlined a series of recommendations....more

NARUC Submits Nominees to Joint Federal-State Task Force

The National Association of Regulatory Utility Commissioners (NARUC) has submitted 10 nominees to FERC to serve on the newly formed Joint Federal-State Task Force on Electric Transmission. Last month in Docket No. AD21-15,...more

What Does Virginia’s New Data Privacy Law Mean for Energy Companies?

Virginia became the second state in the United States, after California, to pass a comprehensive data privacy law when the Virginia Consumer Data Protection Act (CDPA) passed both houses of the state legislature in February...more

FERC Allows Cooperatives to Share QF Purchase Obligation

FERC granted a partial waiver requested by a generation and transmission service cooperative (Petitioner) of certain obligations under FERC’s regulations implementing Section 210 of the Public Utility Regulatory Act of 1978...more

FERC Issues Order Clarifying Affiliate Relations for Institutional Investors Under FPA Section 205

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

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