News & Analysis as of

Federal Energy Regulatory Commission Compliance Energy Sector

Davis Wright Tremaine LLP

FERC Moves To Bolster Cybersecurity

On June 26, FERC approved a new reliability standard (CIP-015-1) proposed by the North American Electric Reliability Corporation ("NERC") to enhance cybersecurity of the nation's bulk electric system ("BES"). In a related...more

White & Case LLP

Summary of FERC Meeting Agenda for March 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on March 20, 2025, pursuant to the sunshine notice released on March 13, 2025....more

White & Case LLP

Summary of FERC Meeting Agenda for January 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on January 16, 2025, pursuant to the sunshine notice released on January 8, 2025. ...more

Akin Gump Strauss Hauer & Feld LLP

FERC Increases Maximum Civil Monetary Penalties for 2025

On January 6, 2025, 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

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes Landmark Penalty for Alleged Energy Efficiency Resource Capacity Market Manipulation

On December 16, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty proposing to assess staggering civil penalties against American Efficient,...more

Vinson & Elkins LLP

FERC Enforcement Uses Duty of Candor Rule to Impose Penalties on PJM Utility for Allegations Related to Transmission Planning...

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The Federal Energy Regulatory Commission’s (“FERC” or “Commission”) Office of Enforcement (“Enforcement”) continues to focus on enforcing its duty of candor rules, with a recent action resulting in a $6.6 million civil...more

Akin Gump Strauss Hauer & Feld LLP

FERC Issues Order No.1920-A Expanding State Oversight Over Long-Term Regional Planning and Cost Allocation

On November 21, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920-A addressing requests for rehearing and clarification of FERC’s landmark final rule on transmission planning and cost...more

Foley Hoag LLP - Energy & Climate Counsel

FERC’s Order No. 1920-A Invites States to Participate in Regional Transmission Cost Allocation Decisions

On November 21, 2024, FERC voted to approve Order No. 1920-A, an order on rehearing and clarification that modifies Order No. 1920, the May 2024 landmark regional transmission planning and cost allocation rule. In this post,...more

Mintz - Energy & Sustainability Viewpoints

FERC’s Landmark Transmission Order: Takeaways for Clean Energy and Energy Storage Companies

On May 13, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920,[1] its long-awaited Final Rule relating to long-term regional planning and regional cost allocation. This article...more

K&L Gates LLP

FERC Issues 2023 Enforcement Report

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On 16 November 2023, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2023 Annual Report on Enforcement (FY2023 Report). The FY2023 Report is the 8th annual...more

Cornerstone Research

Estimating Counterfactual Prices in Energy Markets

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The use of factual/counterfactual comparisons—that is, estimating the difference between what actually happened and what would have happened absent an event—is a fundamental tool in the economists’ work box in the context of...more

Akin Gump Strauss Hauer & Feld LLP

FERC Requires Enhanced NERC Reliability Standards to Support Clean Energy Transition

On October 19, 2023, the Federal Energy Regulatory Commission (FERC) directed the North American Electric Reliability Corporation (NERC) to submit new or modified Reliability Standards that address the impacts of...more

K&L Gates LLP

FERC Approves Enforcement's Settlements With Two Demand Response Providers

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On 22 May 2023, the Federal Energy Regulatory Commission (FERC) issued two orders approving stipulation and consent agreements that resolve enforcement investigations by FERC’s Office of Enforcement (FERC Enforcement) of two...more

Bracewell LLP

FERC Renews Focus on Order No. 860 Database Compliance

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Federal Energy Regulatory Commission’s (“FERC’s”) Order No. 860 required all entities authorized by FERC to sell electric energy, capacity, and/or ancillary services at market-based rates (“MBR Sellers”) to submit baseline...more

Morgan Lewis - Power & Pipes

District Court Ruling Would Impute Liability to Employer in Nearly All FERC Enforcement Matters

A recent district court order highlights the importance of maintaining a strong compliance program with effective compliance controls and practices, while highlighting the risk of employee misconduct for the enterprise...more

Balch & Bingham LLP

NERC Submits Compliance Filing In Response To January 16 Order - November 2021

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On November 15, 2021, in Docket No. FA11-21-000, NERC submitted a compliance filing providing an unaudited report of NERC’s budget-to-actual variance information for the third quarter of 2021...more

Harris Beach Murtha PLLC

Lobbying Compliance for Energy Organizations

If you interact with government officials in New York on a federal, state, or municipal level, you may be considered a “lobbyist.” Even if your title or primary job description does not include the words “lobbying,”...more

Bracewell LLP

Electric Transmission and Distribution Utilities and FERC COVID-19 Relief

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On March 13, 2020, President Trump deemed the COVID-19 outbreak in the United States a national emergency as of March 1, 2020.  Due to the pandemic, certain electric transmission and distribution public utilities have...more

Dorsey & Whitney LLP

FERC Asks a Federal Court to Enforce Civil Penalties against a Marketer and Trader

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Last fall, FERC assessed civil penalties against an electric marketer and trader for alleged market manipulation, and when the bill went unpaid asked a Federal court in California to enforce the penalties. At issue is (1)...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Skadden Energy Law Handbook: Fourth Edition (November 2016)"

Skadden’s Energy Regulation and Litigation Group is pleased to provide the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments. The handbook contains 16 chapters covering a broad...more

Davis Wright Tremaine LLP

FERC Modifies Filing Requirements for Market-Based Rate Sellers and Clarifies Gen-Tie Priority Rights Rules

At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC" or “Commission”) issued three orders pertaining to its market-based rate regulations. In Order No. 816, the Commission adopted proposals to update...more

Orrick, Herrington & Sutcliffe LLP

FERC Updates Market-Based Rate Program and Clarifies Gen-Tie Policy

At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC") issued Order No. 816, a final rule adopting proposals to update its market-based rate program. In addition, FERC denied rehearing and granted...more

Cadwalader, Wickersham & Taft LLP

Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

On August 13, 2015, a Federal Energy Regulatory Commission (“FERC” or “Commission”) Administrative Law Judge (“ALJ”) issued an initial decision in which she found that BP America Inc. et al. (“BP”) manipulated the natural...more

Holland & Knight LLP

CPP Sets First National Standards Limiting Power Plants' Carbon Pollution

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President Obama unveiled the final Clean Power Plan (CPP) rule on Aug. 3, 2015, which sets forth a historic and ambitious regulation for cutting greenhouse-gas pollution. The CPP establishes the first-ever national standards...more

Davis Wright Tremaine LLP

FERC, NERC and Business Blackout: New CIP Standards and Fictional Cyber Attacks

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) July 16, 2015, proposing to approve various Critical Infrastructure Protection (CIP) reliability standards proposed by the North...more

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