The Commodity Futures Trading Commission (CFTC) indicated on April 24 that it is conducting a review of the $40-per-barrel plunge in the WTI crude price that occurred on April 20. The CFTC stated that it is conducting the...more
A nonprofit advocacy group recently asked FERC to overturn a policy that has been in effect for more than a decade and assert jurisdiction over energy sales from rooftop solar facilities and other distributed generation...more
Federal Energy Regulatory Commission Chairman Neil Chatterjee on April 2, 2020, announced the commission’s plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing...more
A week after first issuing guidance identifying the workers considered essential for critical industries in the United States during the coronavirus (COVID-19) pandemic, the US Department of Homeland Security’s Cybersecurity...more
In response to the US president’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, on March 20 the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice to operators...more
Commission Chairman Neil Chatterjee held a press conference on March 19 to discuss FERC’s work during the current pandemic, provide updates regarding the coronavirus (COVID-19), and respond to questions from the media. ...more
A cyberattack on a single gas compression facility resulted in the shutdown of a natural gas pipeline for two days, according to a recent alert from the US Department of Homeland Security’s Cybersecurity and Infrastructure...more
2/26/2020
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Protection ,
Department of Homeland Security (DHS) ,
Emergency Response ,
Hackers ,
Information Technology ,
National Security ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Popular ,
Ransomware ,
Risk Management ,
Supply Chain ,
Threat Management
The US Court of Appeals for the Fourth Circuit resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more
2/19/2020
/ Adjudicatory Process ,
Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Civil Monetary Penalty ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Notice Requirements ,
Regulatory Requirements ,
Regulatory Violations ,
Statute of Limitations ,
Tucker Act ,
Wholesale
The Pipeline and Hazardous Materials Safety Administration’s (PHMSA’s) long-awaited final rule on the minimum safety standards for underground natural gas storage facilities (UNGSFs) was published in the February 12 Federal...more
2/19/2020
/ Energy Policy ,
Final Rules ,
Hazardous Substances ,
Natural Gas ,
Oil & Gas ,
PHMSA ,
PIPES Act ,
Regulatory Requirements ,
Rulemaking Process ,
Safety Standards ,
Underground Storage Tanks
Autonomous cars, sports betting, and CBD products have burst onto the scene, setting the stage for major developments in how companies do business and how regulators monitor new innovations....more
2/10/2020
/ Affordable Care Act ,
Appropriations Bill ,
Automotive Industry ,
Big Data ,
Bioengineering ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Cyber Attacks ,
Cybersecurity ,
Decriminalization of Marijuana ,
Final Rules ,
FIRRMA ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Foreign Investment ,
Health Insurance ,
Healthcare Reform ,
Intellectual Property Protection ,
Legislative Agendas ,
Marijuana ,
Medicaid ,
Medical Foods ,
National Security ,
Oil & Gas ,
Pipelines ,
Plant Based Products ,
Recreational Use ,
Retail Market ,
Sports Betting ,
Sports Gambling ,
Standard Essential Patents ,
Taxation ,
USDA
A declaratory order issued by the Federal Energy Regulatory Commission (the Commission) on January 30 in Docket No. RP20-41-000 grants pipeline developers greater certainty in planning and siting construction. The order was...more
2/7/2020
/ Asset Seizure ,
Construction Project ,
Eminent Domain ,
Energy Projects ,
FERC ,
Infrastructure ,
Land Developers ,
Natural Gas ,
Natural Gas Act ,
Pipelines ,
Property ,
Property Ownership ,
Right of Way ,
Site Plans ,
State-Owned Enterprises
The White House’s Council on Environmental Quality (CEQ) today published in the Federal Register a notice of proposed rulemaking (NPRM) titled, “Update to the Regulations Implementing the Procedural Provisions of the National...more
Annual deployments of energy storage resources in the United States have increased nearly tenfold since 2014, from only 62 MW in 2014 to nearly 500 MW expected for 2019. The big question is whether the nascent energy storage...more
As part of its Integrated Resource Plan and Long-Term Procurement Plan proceeding (IRP-LTPP R.16-02-007, or IRP Proceeding), the California Public Utilities Commission (CPUC) voted unanimously on November 7 to issue a...more
The Commodity Futures Trading Commission (CFTC) recently released its Annual Report on the Whistleblower Program and Customer Education Initiatives for fiscal year (FY) 2019. The report, which details the operation of the...more
The Commodity Futures Trading Commission (CFTC) filed and settled charges on October 24 against Upstream Energy Services LLC (Upstream Energy) for acting as an unregistered futures commission merchant. The Commission’s order...more
FERC recently issued a pair of orders approving the electric storage market participation proposals of PJM Interconnection, Inc. (PJM) and Southwest Power Pool, Inc. (SPP). PJM and SPP submitted those proposals to comply with...more
President Donald Trump signed a pair of executive orders on October 9 that may limit the impact of an agency’s use of informal guidance documents. The executive orders express concern that agency guidance, which includes...more
A proposed rule by the US Environmental Protection Agency (EPA) could reduce costs for oil and gas producers and processors by eliminating certain air emission requirements. The EPA issued a proposed rule on August 29 to roll...more
On June 14, the US Court of Appeals for the DC Circuit vacated and remanded two challenged orders and directed FERC to explain or reconsider whether data made available after a challenged rate increase becomes effective...more
Consolidated Edison Company of New York, Inc. (Con Edison) and Orange and Rockland Utilities, Inc. (O&R) issued a draft joint Request for Proposals (RFP) on May 31 to competitively procure scheduling and dispatch rights from...more
Currently at issue before the US Court of Appeals for the First Circuit is whether the filed rate doctrine prevents a court from assessing the reasonableness of a utility’s rates in the retail market. Under the filed rate...more
The May 16 Order on Rehearing affirms FERC’s jurisdictional authority, and refuses calls for state opt-outs.
The Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 841 early last year, a final rule...more
FERC issued an order on May 16 rescinding its 2009 policy of issuing Notices of Alleged Violations (NAVs) after the subject of an investigation is given an opportunity to respond to FERC Enforcement Staff’s preliminary...more
The US Supreme Court has denied a petition for certiorari filed by the Delaware Riverkeeper Network, which challenged a decision by the US Court of Appeals for the Third Circuit concerning Pennsylvania’s water quality...more