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Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more

Where Do FERC Enforcement Targets Go to Get Their Day in Court?

Two Federal District Court Opinions Highlight Differences Between Natural Gas Act and Federal Power Act Investigations - Two weeks ago, a federal judge in Texas rejected arguments that targets of FERC investigations...more

CFTC Proposal Invites Private Litigation of RTO Market Manipulation Theories

With its proposed order issued earlier this week, the Commodity Futures Trading Commission (CFTC) may be making an already complicated landscape governing energy market manipulation even more so. The proposed order (CFTC...more

Supreme Court Hands FERC Win on Authority Over Capacity Markets

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The...more

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