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Jurisdiction Federal Energy Regulatory Commission Energy Sector

Womble Bond Dickinson

FERC's Co-Location Conundrum: Balancing Grid Reliability with Data Center Development as PJM's Tariff Faces Scrutiny

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FERC's Order Signals Transformative Change While Navigating Jurisdictional Limits: While FERC recognizes the urgent need to address co-location arrangements (particularly given the AI/data center boom), the intricate...more

Perkins Coie

FERC Initiates Proceeding on Co-Location of Power Demand With Generating Facilities, Raising Issues That Will Reverberate Across...

Perkins Coie on

The Federal Energy Regulatory Commission (FERC) recently issued an order (Co-location Order) finding that the treatment of load that co-locates behind generating facilities’ points of interconnection with the grid in the PJM...more

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

Houston Harbaugh, P.C. on

In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more

Pierce Atwood LLP

D.C. Circuit Court Again Addresses NEPA’s Scope

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On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more

Flaster Greenberg PC

President Trump’s First Energy Move

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When he assumes office again on January 20, 2025, newly reelected President Donald J. Trump can make one move regarding energy that not only will facilitate the increased availability of domestic oil and gas production but...more

Holland & Knight LLP

First Look: FERC Discusses Co-Location of Large Loads

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Co-located load – will it help keep the lights on when the impending onslaught of new electrical load hits the nation's grid in the upcoming years? Questions regarding an aging grid that is being stretched thin and whether...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reups Support for LNG Export Terminals Immediately Prior to Losing Jurisdiction

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more

Steptoe & Johnson PLLC

FERC Broadens Definition of Affiliate; Increases Investor and Utility Scrutiny

Steptoe & Johnson PLLC on

On October 20, 2022, the Federal Energy Regulatory Commission (FERC) issued two orders broadening the definition of “affiliate” under federal electric regulations. Pursuant to Evergy Kansas Cent., Inc. and TransAlta Energy...more

Morgan Lewis - Power & Pipes

Senator Manchin Proposes to Streamline Energy Infrastructure Permitting and Give FERC Jurisdiction Over Hydrogen

Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022. As part of an agreement to win...more

Morgan Lewis

Understanding Regulatory and Environmental Challenges to Offshore Energy Projects

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As renewable energy grows in popularity, offshore power generation has been bolstered by recent federal and state initiatives that support the development and integration of offshore renewables to achieve emission reduction...more

Akin Gump Strauss Hauer & Feld LLP

Tenth Circuit Avoids Circuit Split in PURPA Dispute, Revives Federal Suit

In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more

Akin Gump Strauss Hauer & Feld LLP

FERC Dismisses Petition to Make Net Metering Jurisdictional

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) dismissed the petition for declaratory order (“Petition”) filed by the New England Ratepayers Association (NERA) asking FERC to assert...more

Nelson Mullins Riley & Scarborough LLP

The Sixth Circuit Sets Standard on Power Struggle at Play in Bankruptcy Proceedings Between a Federal Agency and its Federally...

In In re FirstEnergy Solutions Corp., 2019 WL 6767004 (6th Cir. Ct. App.), the United States Court of Appeals affirmed in part, reversed in part, and remanded to the bankruptcy court for further consideration, the...more

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

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We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more

Sullivan & Worcester

Grid–Scale Energy Storage: Stakeholder Participation Key to Successful Implementation of FERC Order 841

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In recent posts, we have discussed how Order 841 issued by the Federal Energy Regulatory Commission (“FERC”) on February 15, 2018 is expected to create new opportunities for the expansion of grid-scale (“in front of the...more

Pierce Atwood LLP

Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

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On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,...more

Stoel Rives LLP

U.S. Supreme Court Upholds FERC Demand Response Rule in Energy Story of the Year

Stoel Rives LLP on

In the biggest consumer energy story of the day, and perhaps the decade, the U.S. Supreme Court today upheld FERC’s jurisdictional authority in FERC Order 745. Read the Decision here (PDF). The so called Demand Response Rule...more

Cozen O'Connor

Supreme Court Opens Door to Increased Role for State Courts and State Regulators in the Energy Sector

Cozen O'Connor on

The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the...more

King & Spalding

Recent FERC Orders Address the Jurisdictional Status of LNG Facilities Targeting Vehicular Fuel, Marine, High Horsepower Engine...

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North America’s new-found wealth in natural gas is driving energy industry participants to seek out new markets for the suddenly abundant fuel. Among these are markets for vehicular and marine fuels, other applications...more

Cadwalader, Wickersham & Taft LLP

D.C. Circuit Vacates FERC’s Wholesale Demand Response Compensation Rule Because It "Goes Too Far"

Introduction - On May 23, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), in a 2-1 decision, vacated in its entirety and remanded Order No. 745 of the Federal Energy Regulatory...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Vacates FERC’s Controversial Demand Response Rule

On May 23, the United States Court of Appeals for the D.C. Circuit vacated in its entirety FERC’s controversial rule governing demand response resources in wholesale energy markets, known as “Order 745.”1 The majority...more

Akin Gump Strauss Hauer & Feld LLP

Facing Civil Penalty, Paper Mill Asks District Court to Find that FERC Lacks Jurisdiction Over Demand Response

After a long investigation dating back to 2008, the Federal Energy Regulatory Commission (Commission) concluded in 2013 that Lincoln Paper and Tissue, LLC (Lincoln), a Maine paper mill, had engaged in fraud through its...more

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