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FERC Affirms Expansion of its Affiliate Rules, Reflecting Greater Scrutiny Over Investments in Public Utilities

The Federal Energy Regulatory Commission ("Commission" or "FERC"), sustaining a previous order, holds that the appointment of a non-independent director by an investor to a utility's board creates a per se affiliate...more

FERC Signals Increased Scrutiny Over Affiliate Relationships

The Federal Energy Regulatory Commission ("Commission" or "FERC") holds that appointing an investor representative to a Public Utility Board results in an affiliate relationship independently of the amount of voting stock...more

FERC Proposes to Expand "Duty of Candor" Rule

On July 28, 2022, the Federal Energy Regulatory Commission (the "Commission" or "FERC") proposed a new rule which would significantly expand the existing "duty of candor" rule (found at 18 C.F.R. 35.41(b)) to apply to any...more

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

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

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