News & Analysis as of

Oil & Gas Federal Power Act

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Troutman Pepper

Senate introduces bipartisan legislation to give FERC retroactive refund authority under section 5 of the Natural Gas Act.

Troutman Pepper on

On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more

Troutman Pepper

FERC Establishes New Policy to Reject Hydropower Preliminary Permit Applications Based on Tribal Opposition to Projects Located on...

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At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f) of the Federal Power Act (“FPA”), pursuant to...more

Troutman Pepper

Department of Energy Issues Final Guidance on National Interest Electric Transmission Corridor Designation

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On December 19, 2023, the Department of Energy (“DOE”) Grid Deployment Office released final guidance on how it will designate National Interest Electric Transmission Corridors (“NIETC”) pursuant to Section 216(a) of the...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on November 16, 2023, pursuant to the sunshine notice released on November 9, 2023....more

Perkins Coie

FERC Meeting Agenda Summaries for November 2023

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on November 16th, at 10:00 a.m. ET. The summaries below are based on publicly...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 17, 2022 open meeting, pursuant to the sunshine notice released on November 10, 2022. Electric - E-1 – Registration of...more

Paul Hastings LLP

FERC’s Proposed Expansion of Duty of Candor Could Increase Compliance Risk

Paul Hastings LLP on

Can a seemingly innocuous requirement to tell the truth create unintended consequences? The Federal Energy Regulatory Commission (“FERC” or “Commission”) raised this question when it issued its July 28, 2022 Notice of...more

Morgan Lewis - Power & Pipes

New Legislation Would Give FERC Explicit Authority to Impose Trader Bans

US Senators Maria Cantwell (D-WA) and Catherine Cortez Masto (D-NV) introduced legislation on July 28, 2022, to provide FERC with the authority to temporarily or permanently ban any person from trading or transacting in...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 21, 2022 open meeting, pursuant to the sunshine notice released on April 14, 2022....more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Reaffirms Bankruptcy Court Jurisdiction Over Rejection of FERC-Regulated Offtake Agreement

Public policy concerns associated with contracts impacted by energy industry bankruptcies filed in the Fifth Circuit will be resolved in bankruptcy court mini-trials instead of FERC proceedings. Parties entering energy...more

Troutman Pepper

FERC Formally Outlines Office of Public Participation for FERC Proceedings

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On June 24, 2021, FERC formally issued a public report that outlined its plan to establish the Office of Public Participation (OPP). The report stated that the OPP’s mission is to assist the public in learning about and...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2021

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's June 17, 2021 open meeting, pursuant to the agenda issued on June 10, 2021. Items E-5, E-10, and G-3 have not been summarized due to...more

Morgan Lewis - Power & Pipes

FERC Proposes to Collect New Upstream Owner Data from Holding Companies of MBR Entities Holding Certain Blanket Authorizations

FERC issued a Notice Seeking Comments on March 18 on its proposal to collect additional data from market-based rate (MBR) Sellers whose ultimate upstream affiliate(s) own their voting securities under a Federal Power Act...more

White & Case LLP

Summary of FERC Meeting Agenda for March 2021

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's March 18, 2021 open meeting, pursuant to the agenda issued on March 11, 2021. Agenda items E-8 and G-1 have not been summarized due to...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2020

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 19, 2020 open meeting, pursuant to the agenda issued on November 13, 2020. Agenda item E-16 has not been summarized due to...more

Jones Day

Industry Participants Weigh in on FERC Proposal to Limit Availability of Tariff Waivers

Jones Day on

The Situation: The Federal Energy Regulatory Commission ("FERC") issued a proposed policy statement that may signal a significant change to FERC's policy on waivers related to remedial relief. The Impact: While it is...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 18, 2020 meeting, pursuant to the agenda as issued on June 11, 2020. Due to COVID-19 and measures undertaken by government...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 Announces Proposal to Tighten Policy on Tariff Waivers

FERC issued a proposal on May 21 to modify its policy regarding requests for waiver of public utility tariff provisions that are subject to FERC’s review and approval under the Federal Power Act and the Natural Gas Act....more

White & Case LLP

FERC Meeting Agenda Summary for May 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 21, 2020 meeting, pursuant to the agenda as issued on May 14, 2020. Due to COVID-19 and measures undertaken by government...more

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

Carbon Pricing/Policy Options: Organizations Submit Joint Request to Federal Energy Regulatory Commission Requesting Technical...

A number of organizations submitted an April 13th document titled Request for Technical Conference or Workshop (“Request”) to the Federal Energy Regulatory Commission (“FERC”) asking that it convene a technical conference or...more

White & Case LLP

Summary of FERC Meeting Agenda for March 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's originally scheduled March 19, 2020 meeting, pursuant to the agenda as issued on March 12, 2020. Due to COVID-19 and measures...more

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

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...more

White & Case LLP

Summary of FERC Meeting Agenda for February 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 20, 2020 meeting, pursuant to the agenda as issued on February 13, 2020. Agenda items E-25 and C-3 have not been summarized...more

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