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Divided FERC Proposes Major Overhaul of PURPA Regulations

On September 19, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) proposed to “modernize” its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA) to “better sync [them] with...more

eLibrary is Now FERC’s Official Document Repository

On July 16, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) announced that “documents posted on [the FERC’s] eLibrary [website] will serve as the Commission’s official order and/or Commission action,...more

7/18/2019  /  Energy Sector , FERC , Websites

FERC Eases Small Residential Solar QF Filing Burden for Sunrun

On April 18, 2019, the Federal Energy Regulatory Commission (FERC) granted Sunrun, Inc. (Sunrun) limited waivers of FERC’s filing requirements for obtaining qualifying small power production facility (QF) status under the...more

President Trump Signs Executive Order to Promote Resilience Against EMPs

On March 26, 2019, President Trump signed an executive order (EO) to “establish[] the first ever comprehensive whole-of-government policy to build resilience and protect against electromagnetic pulses” (EMPs), which can cause...more

FERC Revises Its Regulations Regarding Computation of Time

On February 8, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule revising its regulations in 18 C.F.R. § 385.2007 regarding computation of time periods prescribed or allowed by...more

Congress Passes Energy Legislation on FERC’s Merger Review and Judicial Review of FERC Inaction on Rate Filings

The U.S. Senate and House of Representatives recently passed legislation regarding the Federal Energy Regulatory Commission’s (FERC or Commission) review of certain transactions as well as judicial review of rate changes that...more

PURPA Dispute at FERC Raises New Questions for Co-Located Energy Storage

On August 31, 2018, NorthWestern Corporation (NorthWestern) petitioned the Federal Energy Regulatory Commission (FERC or Commission) to revoke the qualifying small power production facility (QF) status of four wind projects...more

PJM Adds New Notification Requirements for Certain “Change-in-Ownership Transactions”

Effective June 1, 2018, PJM Interconnection, L.L.C. implemented new notification requirements for certain transfers of interests in generation facilities in PJM (collectively, “Change-in-ownership Transactions”). PJM also...more

Energy Storage to Benefit from FERC’s Recent Large Generator Interconnection Reforms

On April 19, 2018, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Final Rule (“Order No. 845”) revising its pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large...more

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

FERC Declines to Require Cybersecurity Modifications to Bulk Electric System Control Centers

On October 2, 2017, the Federal Energy Regulatory Commission (the “Commission”) terminated its inquiry into the need for, and potential effects of, modifications to the North American Electric Reliability Corporation (NERC)...more

Sens. Inhofe and Heinrich Propose to Amend Section 203 of the Federal Power Act to “Provide Parity to FERC Reviews” of Certain...

On September 27, 2017, Sens. James M. Inhofe (R-OK) and Martin T. Heinrich (D-NM) introduced S. 1860, the Parity Across Reviews Act (“PARs Act”), which, if enacted, would add a $10 million value threshold to the requirement...more

Facing a Potentially Lengthy Non quorum Period, FERC Delegates Further Authority to Its Staff

On February 3, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order (the “Delegation Order”) delegating “further authority” to its staff—beyond the existing delegations of authority...more

FERC Increases Civil Monetary Penalties up to 150 Percent

On June 29, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an Interim Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes,...more

FERC’s Generator Interconnection Technical Conference Elicits Debate on Need for Interconnection Process Reforms

On May 13, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference on generator interconnection issues in partial response to a June 2015 Petition filed by the American Wind...more

FERC Updates Agenda for June Technical Conference on PURPA Implementation Issues

On May 9, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued an updated agenda for its June 29, 2016, technical conference on implementation issues under the Public Utility Regulatory Policies Act...more

FERC Proposes Revisions to Upstream Ownership Information Requirements for Market-Based Rate Filings

On December 17, 2015, just two months after significantly refining its market-based rate (MBR) policies and procedures in Order No. 816, the Federal Energy Regulatory Commission (FERC) proposed further revisions to its MBR...more

FERC’s Office of Energy Projects Publishes Suggested Best Practices for Natural Gas Industry Stakeholder Outreach Programs

On July 28, 2015, following a marked increase in protests at Federal Energy Regulatory Commission (FERC) open meetings and outside FERC headquarters—which in one case to date resulted in the rescheduling of an open meeting to...more

FERC Approves Settlement for Pipeline Failure to Publicly Post Auction Notices

On July 30, 2015, two weeks after the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) to Columbia Gas Transmission LLC (“Columbia Gas”) for...more

FERC Eases EQR Filing Burden by Eliminating E-Tag ID Requirement

On February 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order on Rehearing of its Order No. 768, in which FERC expanded its Electric Quarterly Report (EQR) filing requirements by, among other things,...more

FERC Approves Four MISO Market Manipulation Settlements

On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more

FERC Issues Order to Show Cause and Notice of Proposed Penalties to Powhatan Energy Fund, LLC and Related Parties

On December 17, 2014, as amended December 18, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order)1 directing Houlian (Alan) Chen, HEEP Fund,...more

DOE Issues Draft Triennial National Electric Transmission Congestion Study

On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

Déjà Vu, All Over Again: Seventh Circuit Again Remands PJM’s Cost Allocation Methodology for New, High-Voltage Transmission...

On June 25, 2014, the U.S. Court of Appeals for the Seventh Circuit, with Judge Richard A. Posner writing for himself and Judge John Daniel Tinder, granted petitions for review of Federal Energy Regulatory Commission (FERC)...more

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