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FERC Announces Major Policy Changes for Certification of Natural Gas Facilities, Including Consideration of Greenhouse Gas...

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two interconnected policy statements (the “Policy Statements”) regarding its review and certification of interstate natural...more

FERC Seeks Comment on Implementation of Dynamic Line Ratings for Transmission Facilities

On February 17, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on whether using “dynamic line ratings” (DLR) for electric transmission lines is necessary for just and reasonable...more

FERC Proposes to Close Gap in Bulk Electric System Cybersecurity

On January 20, 2022, the Federal Energy Regulatory Commission (FERC) proposed to direct the North American Electric Reliability Corporation (NERC) to develop for FERC review and approval new or modified Reliability Standards...more

FERC Increases Maximum Civil Monetary Penalties

On January 7, 2022, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

U.S. Dept. of Energy Kicks Off Expansive Energy Sector Supply Chain Review

On November 29, 2021, the U.S. Department of Energy (DOE) published in the Federal Register a request for information on an expansive “energy sector supply chain review” (the “Energy Supply Chain RFI”). Somewhat unlike...more

U.S. Dept. of Energy Seeks Comment on Updated Cybersecurity Capability Maturity Model

Shortly before Thanksgiving, the U.S. Department of Energy (DOE) issued a request for public comment on Version 2.0 of its Cybersecurity Capability Maturity Model (C2M2), which DOE released in July 2021 to help organizations...more

FERC Staff Provides “Lessons Learned” from Critical Infrastructure Protection Reliability Standard Audits

In October 2021, Federal Energy Regulatory Commission (FERC) staff issued its annual report on “recommendations to help users, owners and operators of the bulk-power system improve their compliance with the [North American...more

FERC and NERC Publish Whitepaper on SolarWinds and Related Supply Chain Compromise

On July 6, 2021, the staff of the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) Electricity Information Sharing and Analysis Center (E-ISAC) issued a whitepaper...more

U.S. Department of Energy Revokes December 2020 Prohibition Order Regarding Bulk-Power System Electric Equipment, Issues...

On April 20, 2021, the U.S. Department of Energy (DOE or the “Department”) issued an order revoking its Prohibition Order Securing Critical Defense Facilities, issued December 17, 2020. DOE’s actions come exactly 90 days...more

FERC Reverts to Its Traditional Analysis for Determining “Power Production Capacity” of Small Power Production QFs

On March 19, 2021, a divided Federal Energy Regulatory Commission (FERC or the “Commission”) reverted to its long-standing “send out” analysis for determining the “power production capacity” of a small power production...more

DOE Announces New Programs to Develop Safeguards Against Physical and Cyber Threats to the U.S. Energy System

On March 18, 2021, the U.S. Department of Energy (DOE) Office of Cybersecurity, Energy Security and Emergency Response (CESER) announced “three new research programs to safeguard the U.S. energy system from growing cyber and...more

FERC Announces June 2021 Technical Conference on Climate Change, Extreme Weather and Electric System Reliability

On March 5, 2021, the Federal Energy Regulatory Commission (FERC) announced a virtual, public technical conference “to discuss issues surrounding the threat to electric system reliability posed by climate change and extreme...more

FERC Seeks Information from RTOs/ISOs on Hybrid (Generation + Storage) Resources

On January 19, 2021, the Federal Energy Regulatory Commission (FERC) directed the nation’s six Regional Transmission Organizations and Independent System Operators (RTOs/ISOs) to submit reports on the integration of “hybrid”...more

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2021, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

U.S. Department of Energy Prohibits Transactions in Certain Bulk-Power System Electric Equipment Serving Critical Defense...

On December 17, 2020, the U.S. Department of Energy (DOE or the “Department”), pursuant to President Trump’s May 2020 Executive Order 13920 on “Securing the United States Bulk-Power System” (EO), which we addressed here,...more

FERC Seeks Comments on Risks to Bulk Electric System from Equipment and Services from Entities Identified as Risks to National...

On September 17, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Inquiry (NOI) seeking comments on “potential risks to the bulk electric system posed by using equipment and...more

Divided FERC Abandons Long-Standing Precedent for Determining QF Capacity

On September 1, 2020, a sharply divided Federal Energy Regulatory Commission (FERC or the “Commission”) abandoned its long-standing approach for determining the “power production capacity” of a generation facility seeking...more

FERC Clarifies New Requirements for Certain Filings

On August 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) clarified its Order No. 862, issued in August 2019, in which FERC changed its regulations to require that any nonelectronic filing to be...more

Divided FERC Revamps PURPA Regulations: What the Final Rule Does and Why It Matters

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more

D.C. Public Service Commission Approves Phased-In Doubling of Net Energy Metering Generation Cap

On August 6, 2020, the D.C. Public Service Commission (PSC) amended the D.C. Municipal Regulations to allow “net energy metering (‘NEM’) systems for individual behind-the-meter generators to go beyond 100 percent of the...more

Department of Energy Identifies “Foreign Adversaries” and Seeks Industry Input Regarding Implementation of Bulk-Power System...

- On July 8, 2020, the Department of Energy (DOE) published a Request for Information (RFI) concerning Executive Order 13920, “Securing the United States Bulk-Power System” (the “E.O.”). The E.O. authorizes the DOE to block...more

President Trump Establishes Framework to Ban the Use of Foreign-Sourced Equipment in the U.S. Electric Grid

- On May 1, 2020, President Trump issued an Executive Order (E.O.) aimed at curtailing the use of foreign-sourced electric equipment installed on the U.S. “bulk-power system,” which is commonly understood to mean the U.S....more

FERC Chairman Neil Chatterjee Summarizes Agency Response to COVID-19

On April 14, 2020, Federal Energy Regulatory Commission (FERC) Chairman Neil Chatterjee addressed FERC’s response to the COVID-19 pandemic on FERC’s Open Access podcast. Chairman Chatterjee highlighted FERC’s ongoing focus on...more

FERC Announces Technical Conference on Hybrid (Generation + Storage) Resources

On April 7, 2020, the Federal Energy Regulatory Commission (FERC) announced a technical conference “to discuss technical and market issues prompted by growing interest in projects that are comprised of more than one resource...more

FERC Increases Maximum Civil Monetary Penalties

On January 2, 2020, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

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