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Electric Generation Suppliers Federal Energy Regulatory Commission Federal Power Act

Spilman Thomas & Battle, PLLC

Extending the Lives of Fossil Fuel Power Plants Based on Arguably Tenuous Assumptions May Increase Power Prices

In July, the Trump administration’s Department of Energy (DOE) issued a report on the adequacy of electric generation resources to meet the current and projected demand for electricity. The DOE report ostensibly supports the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Seeks to Eliminate Utility Self-Funding of Network Upgrades

On June 13, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order (the Show Cause Order) requiring PJM Interconnection, L.L.C. (PJM), Midcontinent Independent System Operator Inc. (MISO),...more

Balch & Bingham LLP

FERC Issues Landmark Generator Interconnection Reforms

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On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context...more

Holland & Knight LLP

FERC Proposes Major Reforms to Generator Interconnection Process

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The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more

Morgan Lewis - Power & Pipes

FERC Issues Order Clarifying Affiliate Relations for Institutional Investors Under FPA Section 205

On March 18, FERC issued a highly anticipated order denying the petition for declaratory order filed by several electric public utilities addressing the extent to which equity ownership of multiple utility holding companies...more

Morgan Lewis - Power & Pipes

FERC Proposes to Collect New Upstream Owner Data from Holding Companies of MBR Entities Holding Certain Blanket Authorizations

FERC issued a Notice Seeking Comments on March 18 on its proposal to collect additional data from market-based rate (MBR) Sellers whose ultimate upstream affiliate(s) own their voting securities under a Federal Power Act...more

Morgan Lewis - Power & Pipes

FERC Issues Rule to Implement Revisions to PURPA Regulations

FERC has issued a final rule, Order No. 872, revising the Commission’s regulations governing qualifying small power producers and co-generators (collectively, qualifying facilities or QFs) under the Public Utility Regulatory...more

Morgan Lewis - Power & Pipes

FERC Announces Proposal to Tighten Policy on Tariff Waivers

FERC issued a proposal on May 21 to modify its policy regarding requests for waiver of public utility tariff provisions that are subject to FERC’s review and approval under the Federal Power Act and the Natural Gas Act....more

Jones Day

FERC Opens a New Phase in Fights Over Utility Returns on Equity

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The Decision: The Federal Energy Regulatory Commission's ("FERC") Opinion No. 569 establishes new methodologies under Federal Power Act ("FPA") Section 206 for (i) determining whether existing electric utility transmission...more

Morgan Lewis

FERC Reduces Paper Burden on Residential Small Solars

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Electric power generation and sale customarily fall within the scope of FERC jurisdiction under the Federal Power Act, as amended, as do generator investment and ownership. Qualifying small power production facilities (Small...more

White & Case LLP

Summary of FERC Meeting Agenda for March 21, 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's March 21, 2019 meeting, pursuant to the agenda as issued on March 14, 2019. Agenda items E-3, E-19, and E-20 have not been included...more

Davis Wright Tremaine LLP

FERC Denies Authorization to Acquire Transmission Facilities Due to Adverse Rate Impacts

The Federal Energy Regulatory Commission (FERC) recently denied an application by GridLiance High Plains LLC for authorization to acquire certain transmission assets from People’s Electric Cooperative, a rural electric...more

Bricker Graydon LLP

Power companies ask Supreme Court to strike down nuclear power subsidies

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On January 7, 2019, the Electric Power Supply Association, one of the nation’s leading trade associations representing independent power producers, filed two petitions for writs of certiorari with the U.S. Supreme Court. ...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rejects Electric Generators’ Request to Adopt Centralized Capacity Market in California

In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more

Bricker Graydon LLP

Second Circuit follows lead of Seventh: Nuke subsidies upheld

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On September 27, 2018, the Second Circuit Court of Appeals issued its decision in Coalition for Competitive Electricity v. Zibelman, 2nd Cir. No. 17-2654, 2018 U.S. App. LEXIS 27605 (Sep. 27, 2018). ...more

Akin Gump Strauss Hauer & Feld LLP

Lack of Quorum Costs East Kentucky Power Cooperative in PURPA Dispute

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Wilson Sonsini Goodrich & Rosati

New Energy Opportunities in CAISO: Aggregation of Behind-the-Meter Resources and Participation in Wholesale Energy Markets

Six months ago, the U.S. Supreme Court issued its decision in EnerNoc v. Electric Power Supply Association, 577 U.S. ___ (2016), holding that the Federal Power Act (FPA) provides the Federal Energy Regulatory Commission...more

Stinson LLP

Supreme Court Hands FERC Win on Authority Over Capacity Markets

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With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The...more

McCarter & English, LLP

EPA Clean Power Plan Considerations: Wheeling Renewable Power

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Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more

Akin Gump Strauss Hauer & Feld LLP

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

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