Practitioners active in derivative markets regulated by the Commodity Futures Trading Commission (CFTC) are well familiar with the US Court of Appeals for the Eighth Circuit’s proclamation in 1971 that “[t]he methods and...more
Rate reductions across the natural gas sector could materialize as a result of the Federal Energy Regulatory Commission’s ongoing investigation of benefits gained by the recent reduction in the federal corporate income tax...more
The Federal Energy Regulatory Commission recently issued two orders intended to alleviate concerns that jurisdictional natural gas pipelines may be over-recovering cost-of-service rates due to (1) a reduction of the federal...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 Federal Energy Regulatory Commission is seeking stakeholder comments through a Notice of Inquiry as it contemplates updating its policy statement on how FERC-jurisdictional facilities are reviewed and authorized....more
Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation and enhance competition in regional transmission organization and...more
Over a half dozen natural gas rate proceedings are expected to be initiated in 2018, many of which will raise issues such as the impact of the new tax laws on rates and the inclusion of a pipeline modernization tracker in...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
Operators of underground storage facilities will need to assess the operational safety of their facilities and document the implementation of safety solutions....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
Interim Final Rule allows the Pipeline and Hazardous Materials Safety Administration (PHMSA) to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the...more
The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more
9/6/2016
/ Anti-Retaliation Provisions ,
CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Employer Liability Issues ,
Enforcement Actions ,
Enforcement Authority ,
Proposed Amendments ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Transparency ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
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
The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities.
On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more
6/29/2016
/ Barack Obama ,
Department of Health and Human Services (HHS) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Agency Taskforce ,
FERC ,
Hazardous Substances ,
Natural Gas ,
Oil & Gas ,
PHMSA ,
Pipelines ,
PIPES Act ,
Public Safety
The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more
5/26/2016
/ CFTC ,
Commodity Exchange Act (CEA) ,
Dodd-Frank ,
Energy Market ,
Federal Power Act ,
FERC ,
ISOs ,
Jurisdiction ,
Price Manipulation ,
Private Right of Action ,
Proposed Amendments ,
Public Comment ,
RTO
The proposal furthers an ongoing effort to minimize Dodd-Frank burdens on commercial end users.
On April 4, the US Commodity Futures Trading Commission (CFTC) issued an order proposing guidance about the Dodd-Frank...more
Movants must clear high hurdle once parties reach settlement in principle.
On March 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in Maritimes & Northeast Pipeline, LLC (Maritimes...more
3/15/2016
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Federal Power Act ,
FERC ,
Intervenors ,
Limitation Periods ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Settlement Agreements ,
Standard of Review
Decision establishes framework for future rulings that covenants in midstream agreements do not run with the land.
On March 8, Judge Shelley C. Chapman of the US Bankruptcy Court for the Southern District of New York...more
Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power Act.
On January 25, the US Supreme Court, in a 6-2 decision, ruled in...more
Oil exports permitted for the first time in 40 years.
On December 18, the US Congress passed H.R. 2029, ominbus appropriations legislation that provides discretionary funding for the federal government for the current...more
On November 17, 2015, the Federal Energy Regulatory Commission (FERC) issued an order terminating its inquiry on potentially requiring jurisdictional sellers to submit quarterly reports on natural gas transactions....more
The Annual Report provides information concerning the Office of Enforcement’s efforts in fiscal year 2015.
On November 19, the Federal Energy Regulatory Commission’s (FERC’s or the Commission’s) Office of Enforcement...more
FERC proposes to establish a framework that allows pipelines to use surcharge or tracker cost-recovery mechanisms to accelerate system improvements associated with new safety and environmental compliance regulations....more
All generators must have rate schedules for jurisdictional reactive power service on file, even if they are not receiving compensation.
On October 17, the Federal Energy Regulatory Commission (FERC or the Commission)...more