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Federal Energy Regulatory Commission Return on Equity

Vinson & Elkins LLP

FERC Issues Order on Remand for Transmission Return on Equity Methodology, but Leaves the Door Open for Future Challenges

Vinson & Elkins LLP on

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order on Remand (the “Order”) following the D.C. Circuit’s August 2022 decision in MISO Transmission Owners v. FERC,...more

Baker Botts L.L.P.

FERC Revises ROE Methodology for Transmission Owners

Baker Botts L.L.P. on

On October 17, 2024, the Federal Energy Regulatory Commission (Commission) issued an order revising the methodology for establishing the return on equity (ROE) for transmission owners (TOs) operating within the footprint of...more

Vinson & Elkins LLP

Four Key Predictions for FERC’s 2024 Electricity Agenda

Vinson & Elkins LLP on

Over the past few years, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the Department of Energy (“DOE”) have proposed many rules to support the Biden Administration’s push to build transmission...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2023

White & Case LLP on

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

Akin Gump Strauss Hauer & Feld LLP

FERC Again Proposes Incentives for Voluntary Cybersecurity Investments

On September 22, 2022, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing revisions to its regulations to establish rate incentives for public utilities...more

Perkins Coie

FERC Issues Supplemental Proposed Rulemaking on Incentives for Transmission Investment

Perkins Coie on

On April 15, 2021, the Federal Energy Regulatory Commission supplemented the notice of proposed rulemaking (Supplemental NOPR) for transmission incentives it issued last year (2020 NOPR). In its Supplemental NOPR, FERC...more

Troutman Pepper

FERC Issues Minor Revisions to Public Utility ROE Methodology

Troutman Pepper on

On November 19, 2020, FERC issued Opinion No. 569-B, in which it made minor modifications to the discussion in, but largely reaffirmed, its previously-issued Opinion No. 569-A wherein FERC revised its return on equity (“ROE”)...more

Blank Rome LLP

FERC Establishes Revised ROE Methodologies for Public Utilities and Pipelines

Blank Rome LLP on

On May 21, 2020, the Federal Energy Regulatory Commission (“FERC”) issued two orders addressing methodologies for analyzing the base return on equity (“ROE”) components of rates of FERC-regulated entities. In Opinion No....more

Jones Day

FERC Revises Return on Equity Methodology for Electric Utilities, Yet Again

Jones Day on

The Decision: The Federal Energy Regulatory Commission ("FERC") issued Opinion No. 569-A, refining the methodology it established in Opinion No. 569 for setting the return on equity ("ROE") that electric utilities earn on...more

Morgan Lewis - Power & Pipes

FERC Revises Methodology to Evaluate Return on Equity (Again)

The Federal Energy Regulatory Commission (FERC) issued Order 569-A on May 21, significantly revising the methodology used to analyze the base return on equity (ROE) of a public utility’s rates under the Federal Power Act....more

Davis Wright Tremaine LLP

FERC Revises Methodology for Evaluating Base Return on Equity of Public Utilities

In a long-awaited decision, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 569 adopting a new methodology to determine whether the rate of return on common equity (ROE) used to calculate cost-based rates...more

Blank Rome LLP

FERC Reaffirms Its Final Rule on Rate Changes Relating to Federal Income Tax Rates for Natural Gas Pipelines

Blank Rome LLP on

The Commission’s recent order upholds the Form No. 501-G filing requirement, which was designed to determine whether pipelines are over-recovering on their cost of service in light of recent federal income tax rate and policy...more

Alston & Bird

FERC Issues Notices of Inquiry on Electric Transmission Incentives and Calculating Return on Equity

Alston & Bird on

Our Energy Group interprets the Federal Energy Regulatory Commission’s two latest notices of inquiry seeking comments on changes to a decade-old transmission incentive policy and how to respond to a federal court decision...more

Davis Wright Tremaine LLP

FERC to Address Pipeline Overbuilding and Excessive Returns

Although primarily focused on the electric transmission industry, a recent Federal Energy Regulatory Commission (FERC) Notice of Inquiry (NOI) announced reconsideration of how the agency determines returns on equity (ROE) and...more

Eversheds Sutherland (US) LLP

FERC to examine electric, gas and oil return on equity policies

On March 21, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a notice of inquiry (NOI) seeking industry comments regarding the modification and application of its current rate of return on equity (ROE)...more

Blank Rome LLP

FERC to Review Its Policies Regarding the Determination of the Return on Equity in Jurisdictional Rates

Blank Rome LLP on

FERC is conducting a comprehensive review of its method for determining the appropriate return on equity in jurisdictional rates across the energy industry. Comments are due no later than 90 days, and reply comments no later...more

Orrick, Herrington & Sutcliffe LLP

FERC Issues Final Rule Regarding Income Tax Allowances in Rate Setting for Pipelines: MLPs Not Precluded from Tax Allowance

On Wednesday, July 18, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a final rule regarding the application of income tax rate reductions in setting natural gas pipeline rates.  ...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Finds That FERC Acted Arbitrarily and Capriciously by Awarding Incentive Adders to PG&E for Membership in CAISO

In an opinion issued January 8, 2018, the United States Court of Appeals for the 9th Circuit found that the Federal Energy Regulatory Commission (FERC) had acted arbitrarily and capriciously when it determined that Pacific...more

Eversheds Sutherland (US) LLP

FERC Seeks Comments on Double Recovery Resulting from Current Income Tax Allowance and Rate of Return Policies

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comments on how to address any potential double recovery that may result from the agency’s current income tax...more

Stoel Rives - Renewable + Law

MISO Transmission Owners’ Return on Equity Cut by FERC

Following a decision of the Federal Energy Regulatory Commission (FERC) released last week that cuts transmission owners’ return on equity (ROE) by more than 200 basis points,[1] ratepayers in the Midcontinent Independent...more

Akin Gump Strauss Hauer & Feld LLP

When Does “Anomalous” Become “Normal”? Another ROE Decision, Another Finding of Anomalous Market Conditions

On March 22, 2016, Federal Energy Regulatory Commission (FERC or the “Commission”) Administrative Law Judge (ALJ) Steven L. Sterner issued an Initial Decision in the second round of Complaint cases (“Complaints II and III”)...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more

Akin Gump Strauss Hauer & Feld LLP

Another Complaint Filed at FERC Against New England Transmission Owners to Lower ROEs

On July 31, 2014, a consortium of state attorneys general, state regulators, state consumer advocates and transmission customers filed a complaint at FERC against New England transmission owners (NETOs), seeking to reduce...more

Akin Gump Strauss Hauer & Feld LLP

FERC Announces New Approach for Determining the Return on Equity for Electric Utilities

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531, an order affirming in part and reversing in part an administrative law judge’s August 2013 Initial Decision concerning a complaint...more

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