President Donald Trump announced on Monday his intention to nominate FERC General Counsel James Danly to fill the remaining Republican position at FERC. That position has been vacant since the untimely passing of former...more
FERC issued a notice of proposed rulemaking (NOPR) on September 19 announcing its intent to revise key rules governing the status and rights of Qualifying Facilities (QFs). These revisions include proposed changes to the...more
Facing what it deems an “unprecedented number of FOIA requests” for nonpublic information related to utility violations of the North American Electric Reliability Corporation (NERC) critical infrastructure protection (CIP)...more
For the first time, FERC has found that significant investments in an existing licensed hydroelectric facility by a licensee will be considered when establishing the license term in a relicensing proceeding, potentially...more
The Council on Environmental Quality (CEQ) published draft guidance on June 26 to address how agencies implementing environmental reviews under the National Environmental Policy Act (NEPA) should consider greenhouse gas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
On June 24, the US Supreme Court issued its opinion in Food Marketing Institute v. Argus Leader Media, expanding the scope of information protected under Exemption 4 of the Freedom of Information Act (FOIA). FOIA establishes...more
7/3/2019
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Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
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
A seven-figure penalty reported by the North American Electric Reliability Corporation demonstrates the potentially severe consequences for electric utilities related to improper data handling practices and underscores the...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