Through its more recent enforcement actions, the Federal Energy Regulatory Commission (FERC or the Commission) has sent a clear message to the energy industry, with its Office of Enforcement (OE) shifting enforcement efforts...more
A recent district court order highlights the importance of maintaining a strong compliance program with effective compliance controls and practices, while highlighting the risk of employee misconduct for the enterprise...more
The Federal Energy Regulatory Commission issued show cause orders to two natural pipelines—Rover Pipeline and Midship Pipeline Company—following its December 2021 open meeting, and sent a related dispute involving Midship for...more
The US District Court for the Southern District of Ohio held on November 29, 2021, that in actions commenced under 16 USC Section 823b, district courts have the power to decide whether FERC can enforce civil penalties but do...more
President Joseph Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (the Act) on November 15, 2021, which allocates $550 billion in new spending over the next five years to improve US infrastructure,...more
11/16/2021
/ Biden Administration ,
Charging Stations ,
Clean Energy ,
Climate Change ,
Cybersecurity ,
Electric Vehicles ,
Energy Sector ,
Hydropower ,
Infrastructure ,
Nuclear Power ,
Popular ,
Power Grid ,
Renewable Energy
The US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on November 2, 2021 expanding the applicability of the federal pipeline safety regulations to certain...more
In a notice issued on September 29, 2021, FERC stated that it did not act on PJM Interconnection LLC’s (PJM’s) proposed reforms to the application of the Minimum Offer Price Rule (MOPR) because the Commissioners are divided...more
In the eight months since Richard Glick took the helm of the Federal Energy Regulatory Commission (FERC), a number of changes to federal regulation of the development of natural gas infrastructure are in the works and several...more
Nearly 200 comments were filed in response to FERC’s February 18, 2021 Notice of Inquiry (NOI) that sought new information and perspectives on whether it should revise its policy statement on the certification of new...more
6/21/2021
/ Determination of Need (DoN) ,
Electricity ,
Eminent Domain ,
Energy Projects ,
Energy Sector ,
Environmental Impact Statements ,
Environmental Justice ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Policy Statement
On June 11, 2021, the US Department of the Interior’s (DOI’s) Bureau of Ocean Energy Management (BOEM) issued a proposed sale notice to sell commercial wind energy leases on the Outer Continental Shelf (OCS) in the New York...more
6/17/2021
/ Biden Administration ,
BOEM ,
Clean Energy ,
Comment Period ,
Department of the Interior ,
Energy Policy ,
Energy Projects ,
Infrastructure ,
Offshore Wind ,
Outer Continental Shelf ,
Renewable Energy ,
Wind Power
Since January, FERC-regulated market participants and practitioners alike have anticipated how FERC may approach its enforcement mission under the stewardship of Chairman Richard Glick following his appointment as chair by...more
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
3/31/2021
/ Comment Period ,
Electric Generation Suppliers ,
Energy Reform ,
Federal Power Act ,
FERC ,
Market Based Approach ,
Oil & Gas ,
Power Infrastructure ,
Regulatory Agenda ,
Upstream Contracts ,
Voting Shares
FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more
3/22/2021
/ Certificate of Public Convenience and Necessity ,
Clean Water Act ,
FERC ,
Infrastructure ,
Native American Issues ,
Natural Gas ,
Navigable Waters ,
Oil & Gas ,
Pipelines ,
Section 401 ,
Tribal Governments ,
Water Quality
The Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on February 18 seeking new information and comments on whether it should revise its policy statement on the certification of new interstate...more
2/19/2021
/ Climate Change ,
Energy Policy ,
Energy Reform ,
FERC ,
Infrastructure ,
Natural Gas ,
NEPA ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Policy Statement
FERC Chairman Richard Glick announced his plans on February 11 to better incorporate environmental justice and equity concerns into FERC’s decision making process. Improving the process for reviewing and determining the need...more
2/18/2021
/ Biden Administration ,
Climate Change ,
Energy Policy ,
Energy Reform ,
Environmental Policies ,
FERC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Policy Statement ,
Regulatory Agenda
President Joe Biden issued a series of executive orders on January 27 to further confront the “existential threat” of climate change, to reaffirm the executive branch’s commitment to evidence-based policymaking and...more
Action, or in some cases inaction, by the Federal Energy Regulatory Commission (Commission or FERC) during its last open meeting before the start of the Biden administration sent a strong message to the natural gas industry...more
1/28/2021
/ Biden Administration ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Regulatory Agenda
The US Congress has adopted the first extensive update to US federal energy policies in over a decade in the Energy Act of 2020 (Energy Act), which President Donald Trump signed into law on December 27 as part of the...more
12/30/2020
/ Carbon Capture and Sequestration ,
Consolidated Appropriations Act (CAA) ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Sector ,
Infrastructure ,
New Legislation ,
Nuclear Power ,
Popular ,
Power Grid ,
Renewable Energy ,
Tax Credits
The Federal Energy Regulatory Commission (FERC) proposed revisions to its Policy Statement on Natural Gas and Electric Price Indices (Policy Statement) on December 17 to encourage market participants to report transactions to...more
The US Department of the Treasury issued a letter on May 7 stating that it plans to modify the continuity safe harbor for both the production tax credit (PTC) and the energy investment tax credit (ITC). ...more
In response to President Donald Trump’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, the Pipeline Hazardous Materials Safety Administration (PHMSA) issued a notice that it does not intend to...more
The Commodity Futures Trading Commission (CFTC) indicated on April 24 that it is conducting a review of the $40-per-barrel plunge in the WTI crude price that occurred on April 20. The CFTC stated that it is conducting the...more
The US Department of the Treasury on April 10 released updated criteria outlining which businesses are eligible to apply for CARES Act loans out of the $17 billion allocated for businesses “critical to maintaining national...more
President Donald Trump signed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) into law on March 27. The CARES Act aims to offer economic relief to companies and their employees due...more
In response to the US president’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, on March 20 the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice to operators...more