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FERC Increases Maximum Civil Monetary Penalties

On January 8, 2021, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

U.S. Department of Energy Prohibits Transactions in Certain Bulk-Power System Electric Equipment Serving Critical Defense...

On December 17, 2020, the U.S. Department of Energy (DOE or the “Department”), pursuant to President Trump’s May 2020 Executive Order 13920 on “Securing the United States Bulk-Power System” (EO), which we addressed here,...more

FERC Seeks Comments on Risks to Bulk Electric System from Equipment and Services from Entities Identified as Risks to National...

On September 17, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Inquiry (NOI) seeking comments on “potential risks to the bulk electric system posed by using equipment and...more

Divided FERC Abandons Long-Standing Precedent for Determining QF Capacity

On September 1, 2020, a sharply divided Federal Energy Regulatory Commission (FERC or the “Commission”) abandoned its long-standing approach for determining the “power production capacity” of a generation facility seeking...more

FERC Clarifies New Requirements for Certain Filings

On August 18, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) clarified its Order No. 862, issued in August 2019, in which FERC changed its regulations to require that any nonelectronic filing to be...more

Divided FERC Revamps PURPA Regulations: What the Final Rule Does and Why It Matters

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more

D.C. Public Service Commission Approves Phased-In Doubling of Net Energy Metering Generation Cap

On August 6, 2020, the D.C. Public Service Commission (PSC) amended the D.C. Municipal Regulations to allow “net energy metering (‘NEM’) systems for individual behind-the-meter generators to go beyond 100 percent of the...more

Department of Energy Identifies “Foreign Adversaries” and Seeks Industry Input Regarding Implementation of Bulk-Power System...

- On July 8, 2020, the Department of Energy (DOE) published a Request for Information (RFI) concerning Executive Order 13920, “Securing the United States Bulk-Power System” (the “E.O.”). The E.O. authorizes the DOE to block...more

President Trump Establishes Framework to Ban the Use of Foreign-Sourced Equipment in the U.S. Electric Grid

- On May 1, 2020, President Trump issued an Executive Order (E.O.) aimed at curtailing the use of foreign-sourced electric equipment installed on the U.S. “bulk-power system,” which is commonly understood to mean the U.S....more

FERC Chairman Neil Chatterjee Summarizes Agency Response to COVID-19

On April 14, 2020, Federal Energy Regulatory Commission (FERC) Chairman Neil Chatterjee addressed FERC’s response to the COVID-19 pandemic on FERC’s Open Access podcast. Chairman Chatterjee highlighted FERC’s ongoing focus on...more

FERC Announces Technical Conference on Hybrid (Generation + Storage) Resources

On April 7, 2020, the Federal Energy Regulatory Commission (FERC) announced a technical conference “to discuss technical and market issues prompted by growing interest in projects that are comprised of more than one resource...more

FERC Increases Maximum Civil Monetary Penalties

On January 2, 2020, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Divided FERC Proposes Major Overhaul of PURPA Regulations

On September 19, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) proposed to “modernize” its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA) to “better sync [them] with...more

FERC Announces New Requirements for Certain Filings and Submissions

On August 27, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a final rule revising its regulations to require all hard copy and hand delivered filings and submissions—except those sent via...more

eLibrary is Now FERC’s Official Document Repository

On July 16, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) announced that “documents posted on [the FERC’s] eLibrary [website] will serve as the Commission’s official order and/or Commission action,...more

7/18/2019  /  Energy Sector , FERC , Websites

FERC Eases Small Residential Solar QF Filing Burden for Sunrun

On April 18, 2019, the Federal Energy Regulatory Commission (FERC) granted Sunrun, Inc. (Sunrun) limited waivers of FERC’s filing requirements for obtaining qualifying small power production facility (QF) status under the...more

President Trump Signs Executive Order to Promote Resilience Against EMPs

On March 26, 2019, President Trump signed an executive order (EO) to “establish[] the first ever comprehensive whole-of-government policy to build resilience and protect against electromagnetic pulses” (EMPs), which can cause...more

FERC Revises Its Regulations Regarding Computation of Time

On February 8, 2019, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule revising its regulations in 18 C.F.R. § 385.2007 regarding computation of time periods prescribed or allowed by...more

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2019, the Federal Energy Regulatory Commission (FERC) issued a Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Congress Passes Energy Legislation on FERC’s Merger Review and Judicial Review of FERC Inaction on Rate Filings

The U.S. Senate and House of Representatives recently passed legislation regarding the Federal Energy Regulatory Commission’s (FERC or Commission) review of certain transactions as well as judicial review of rate changes that...more

PURPA Dispute at FERC Raises New Questions for Co-Located Energy Storage

On August 31, 2018, NorthWestern Corporation (NorthWestern) petitioned the Federal Energy Regulatory Commission (FERC or Commission) to revoke the qualifying small power production facility (QF) status of four wind projects...more

FERC Proposes to Clarify and Streamline Its Interlocking Directorate Regulations

On July 19, 2018, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) to update and clarify its regulations covering “interlocking directorate” positions (i.e.,...more

PJM Adds New Notification Requirements for Certain “Change-in-Ownership Transactions”

Effective June 1, 2018, PJM Interconnection, L.L.C. implemented new notification requirements for certain transfers of interests in generation facilities in PJM (collectively, “Change-in-ownership Transactions”). PJM also...more

Energy Storage to Benefit from FERC’s Recent Large Generator Interconnection Reforms

On April 19, 2018, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Final Rule (“Order No. 845”) revising its pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large...more

FERC Increases Maximum Civil Monetary Penalties

On January 8, 2018, the Federal Energy Regulatory Commission (FERC) issued a Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

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