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Federal Energy Regulatory Commission Regulatory Requirements

White & Case LLP

FERC Clarifies Upstream Affiliate Ownership Disclosure Requirements in Market-Based Rate Applications

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On February 23, 2024, the Federal Energy Regulatory Commission (FERC) issued an order approving an application for market-based rate (MBR) authority to VESI 12 LLC. However, the language in this MBR approval was not...more

Foley Hoag LLP - Energy & Climate Counsel

Citing ESG Concerns, FERC Seeks Comments on Section 203 Blanket Authorizations for Investment Companies

On December 27, 2023, the Federal Energy Regulatory Commission (FERC or Commission) published a notice of inquiry in the Federal Register seeking comment on potential revisions to its policy on providing blanket...more

Foley Hoag LLP - Energy & Climate Counsel

FERC October 2023 Open Meeting Preview

The Federal Energy Regulatory Commission (FERC) will host its October open meeting later this week on Thursday, October 19, 2023. FERC’s Sunshine Notice agenda indicates FERC intends to act on several items of note to the...more

Troutman Pepper

FERC Affirms Finding of Affiliation Over Appointment of Director

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On July 3, 2023, FERC affirmed its earlier determination that Bluescape Energy Partners, LLC’s (“Bluescape”) appointment of a non-independent director to Evergy Inc.’s (“Evergy”) Board of Directors overcomes the rebuttable...more

Steptoe & Johnson PLLC

Supreme Court Limits the Use of Federal Administrative Law Judges; Related FERC Cases Pending

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On April 14, 2023, the U.S. Supreme Court issued an opinion that is expected to result in historic changes to the Federal Energy Regulatory Commission’s (FERC) use of in-house administrative law judges (ALJs). In Axon...more

Jones Day

New NGL Pipeline and Renewable Generation Interconnection Settlements Highlight FERC's Expanded Enforcement Focus

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On June 24, 2022, FERC issued orders approving settlement agreements resolving two investigations. The first involves whether a renewable generation developer, sPower Development Company, violated PJM Interconnection LLC's...more

K&L Gates LLP

Offshore Wind Handbook

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The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental and Regulatory Law Update: New Federal and State Rulings

The first quarter of 2022 has yielded a number of decisions, reversals and agency adjustments worth note. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Utility Regulatory Policies Act: Federal Appellate Court Addresses Subject Matter Jurisdiction

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) addressed in a June 28th Opinion an issue involving the Public Utility Regulatory Policies Act (“PURPA”). See Solar v. City of Farmington, No. 20-2028,...more

Mayer Brown

US Energy Regulator Considers Financial Requirements for Hydropower Projects

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Under the Federal Power Act (FPA), the US Federal Energy Regulatory Commission (“FERC” or “Commission”) licenses and regulates over 1,600 hydroelectric project dams, diversions, and related hydropower facilities....more

Morgan Lewis - Power & Pipes

FERC Extends Pandemic Emergency Waivers

FERC has issued an order extending the blanket waivers of all requirements to hold meetings in person and/or to provide or obtain notarized documents in open-access transmission tariffs through January 29, 2021....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

Fourth Circuit Sides with FERC on Statute of Limitations in Some FPA Enforcement Proceedings

Morgan Lewis on

The US Court of Appeals for the Fourth Circuit  resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Demand Response and Advanced Metering: 2019 Federal Energy Regulatory Commission Staff Report

The Federal Energy Regulatory Commission (“FERC”) issued on December 11th a staff report titled: 2019 Assessment of Demand Response and Advanced Metering (“Report”)...more

Stoel Rives - Renewable + Law

FERC Issues Orders Revising Requirements for Market-Based Rate Sellers

The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two orders on July 18, 2019 revising the requirements applicable to market-based rate (“MBR”) sellers. The first, Order No. 861, lightens the...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Upholds Renewable Energy Developers’ PURPA Rights

On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued a decision in Winding Creek Solar LLC v. Peterman affirming a district court’s finding that the California Public Utilities...more

Akin Gump Strauss Hauer & Feld LLP

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

Pierce Atwood LLP

FERC Proposes To Lighten Interlocking Directorate Requirements

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On July 19, 2018, FERC issued a Notice of Proposed Rulemaking (NOPR) proposing to lighten some requirements for directors holding multiple Board positions. ...more

Akin Gump Strauss Hauer & Feld LLP

FERC Orders on PJM’s Frequency Regulation Market Give Energy Storage Providers Another Recent Win

On March 30, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued separate orders (i) partially granting one of two challenges to PJM Interconnection, L.L.C.’s (PJM) frequency regulation...more

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