News & Analysis as of

Federal Energy Regulatory Commission Quorum

Akin Gump Strauss Hauer & Feld LLP

Commissioner Clements’ Pending Departure Casts Uncertainty Over FERC

On February 9, 2024, it was reported that Commissioner Allison Clements will not seek a second term on the Federal Energy Regulatory Commission (FERC or Commission) following the expiration of her first term in June of this...more

Benesch

FERC Commissioner McNamee to Step Down

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Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020.  Background - FERC is the agency that regulates the...more

Pierce Atwood LLP

FERC Commissioner Bernard McNamee Won’t Seek Renomination

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Yesterday at FERC’s open meeting, Commissioner Bernard McNamee announced that he will not seek renomination once his term expires on June 30, 2020. He stated that he will stay until his successor is selected, so that the...more

Pierce Atwood LLP

James Danly Nomination for FERC Commissioner Returned

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On January 3, 2020, James Danly’s nomination for Commissioner of the Federal Energy Regulatory Commission (FERC) was returned to the White House for renomination, due to the Senate’s failure to confirm or reject the...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

Pierce Atwood LLP

FERC Quorum Restored, New Chairman Named

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On August 4, the Senate confirmed Neil Chatterjee and Robert Powelson as FERC Commissioners. Commissioner Chatterjee was sworn in on August 8 and Commissioner Robert Powelson was sworn in today, August 10....more

Benesch

Energy Quarterly Report Natural Gas Pipeline Delays–Q2

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FERC Quorum - FERC has been stalled since February when Chairman Norman Bay resigned with two existing vacancies on the 40-year-old panel. On top of that, on April 20 another commissioner, Colette Honorable, announced...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington - June 2017

Despite the headlines coming out of Washington, Congress continues to move forward in regular fashion, discussing and acting upon key issues, such as funding the government, addressing the need to raise the debt ceiling and...more

Moore & Van Allen PLLC

EIB Energy Highlights: FERC Nominees to Restore Quorum, Clean Power Plan Rescission, Infrastructure Bills & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Stinson LLP

Does FERC's Authority to Delegate Functions to Staff Survive the Loss of an Agency Quorum?

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On May 25th, the Senate Committee on Energy & Natural Resources will hold hearings on President Trump's nominations to fill two commissioner vacancies on the Federal Energy Regulatory Commission (FERC). If confirmed, the...more

Stinson LLP

DC Circuit Case May Test Continuing Validity of FERC Delegations of Authority to Agency Staff Once Its Quorum Disappeared

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On February 7 and March 7, 2017, we wrote about how the Federal Energy Regulatory Commission (FERC) is operating without a legal quorum of three members and how the lack of a quorum might affect the validity of FERC staff...more

Pillsbury Winthrop Shaw Pittman LLP

FERC Enters the Trump Era - The agency announces staff-led Technical Conference as Trump administration expected to name new...

On Friday, March 3, 2017, the Federal Energy Regulatory Commission (FERC) made the much-anticipated announcement of its upcoming staff-led technical conference on wholesale energy and capacity markets. The conference...more

Stinson LLP

Challenge Issued to Legality of FERC's Delegation Order

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The Federal Energy Regulatory Commission's (FERC) February 3, 2017 "delegation order" that was issued on the last day it had a quorum was the topic of a recent alert. The order, as we noted, aimed to preserve and expand the...more

Stinson LLP

No Quorum at FERC may Affect Ability to Consummate Dispositions of Jurisdictional Assets and Issuances of Debt

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At the close of business on Friday, February 3, 2017, the Federal Energy Regulatory Commission (FERC) lost its legal quorum of three members when its former Chair, Norman Bay, resigned his post as a FERC Commissioner. Earlier...more

Akin Gump Strauss Hauer & Feld LLP

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

Nutter McClennen & Fish LLP

FERC Enforcement Actions After Chairman’s Abrupt Exit and Lack of Quorum

Matt Connolly, a senior associate in Nutter’s Litigation Department, evaluated Federal Energy Regulatory Commission (FERC) enforcement actions in the wake of Chairman Norman Bay’s resignation in Nutter Insights. Matt...more

Latham & Watkins LLP

FERC Faces Unprecedented Lack of Quorum After Commissioner’s Departure

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Commissioner resignation leaves agency without quorum necessary to issue major orders including approvals of natural gas pipeline permits and contested mergers. Key Points: ..Federal Energy Regulatory Commission is...more

Stoel Rives - Renewable + Law

FERC Revises Delegation Authority While It Lacks a Quorum

Today is Commissioner Norman Bay’s last day on the job at the Federal Energy Regulatory Commission (FERC), which means that on Monday, FERC will no longer have the quorum of 3 commissioners that is necessary for it to do much...more

Pierce Atwood LLP

FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

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The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the...more

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