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Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more

FERC Makes Meaningful Revisions to Interconnection Process with Order No. 2023

On July 28, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued Order No. 2023 requiring all public utility transmission providers to adopt reforms to FERC’s pro forma generator interconnection...more

The Natural Gas Industry in a Climate-Focused Future: Regulators Take Action to Adapt

Introduction - Climate change policies at the state and federal levels will have significant impacts on natural gas companies and their customers. On the one hand, there is pressure on companies to maintain safe and...more

BREAKING: Richard Glick Appointed FERC Chairman

This morning, the Biden Administration appointed Richard Glick as FERC Chairman. Chairman Glick tweeted his gratitude and noted that “[t]his is an important moment to make significant progress on the transition to a clean...more

CASPR: FERC Approves Changes To ISO-NE's Forward Capacity Auction

On March 9, 2018, the Federal Energy Regulatory Commission (FERC) in a split vote approved ISO-New England Inc.’s (ISO-NE) proposed tariff revisions intended to accommodate the entry of additional clean energy resources into...more

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

Court In FERC V. Barclays Bank PLC Interprets Statute Of Limitations Applicable To FERC Enforcement Actions

In Federal Energy Regulatory Commission v. Barclays Bank PLC, et al. (Barclays Bank), the U.S. District Court for the Eastern District of California (the court) has granted a motion for judgment on the pleadings of defendant...more

FERC v. Barclays Bank PLC: The Latest on De Novo Review Under the FPA

In a March 30, 2017 order “in agreement with every other federal court that has expressly addressed this issue,” the court in FERC v. Barclays Bank PLC, (E.D. Cal., filed Oct. 9, 2013), held in an action FERC filed to enforce...more

FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more

FERC v. Maxim Power Corp. - Court Rejects FERC's Interpretation of Penalty Review Procedures; Respondents To Have Their Day In...

In a July 21, 2016 order, a federal district court for the first time in a FERC enforcement matter held that review of an assessed civil penalty pursuant to Section 31(d)(3) of the Federal Power Act (“FPA”) entails an...more

FERC Increases Maximum Civil Penalty Amounts To Adjust For Inflation

On June 29, 2016, the Federal Energy Regulatory Commission ("FERC") issued Order No. 826, increasing the maximum civil penalty amount for violations of statutes, rules, and regulations within FERC’s jurisdiction, in order to...more

Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,...more

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