On October 19, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) proposed changes to the method of collection and data being collected in its Electric Quarterly Reports (EQRs).1 Specifically, FERC...more
On July 3, the Federal Energy Regulatory Commission issued an order confirming more aggressive scrutiny of investors' exercise of control over public utilities through representation on their boards or the boards of companies...more
On July 3, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order confirming a more aggressive posture towards scrutinizing the ability of investors to exercise control over public utilities...more
On March 19, 2021, a divided Federal Energy Regulatory Commission (FERC or the “Commission”) reverted to its long-standing “send out” analysis for determining the “power production capacity” of a small power production...more
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
8/12/2020
/ Bright-Line Rule ,
Electric Generation Suppliers ,
Energy Costs ,
Energy Market ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
FERC ,
Final Rules ,
New Regulations ,
Power Purchase Agreements ,
Public Utility ,
PURPA ,
Qualifying Facility ,
Recertification ,
Renewable Energy ,
Self-Certification ,
Solar Energy ,
Solar Panels
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
8/1/2018
/ Board of Directors ,
Comment Period ,
Corporate Officers ,
Deregulation ,
Federal Power Act ,
FERC ,
Filing Requirements ,
Financial Institutions ,
Interlocking Directorate ,
Notice of Proposed Rulemaking (NOPR) ,
Prior Authorization ,
Public Comment ,
Public Utility ,
Regulatory Burden ,
Utilities Sector
On October 4, 2017, in a decision with significant implications for the energy project finance community, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted a petition for declaratory order filed by...more
10/6/2017
/ Declaratory Judgments ,
Energy Projects ,
Equity ,
Equity Investors ,
Federal Power Act ,
FERC ,
Non-Voting Shares ,
Passive Activity ,
Project Finance ,
Public Utility ,
Renewable Energy ,
Section 203 ,
Transfer of Control ,
Voting Securities
On September 27, 2017, Sens. James M. Inhofe (R-OK) and Martin T. Heinrich (D-NM) introduced S. 1860, the Parity Across Reviews Act (“PARs Act”), which, if enacted, would add a $10 million value threshold to the requirement...more
10/3/2017
/ Agency Consolidation ,
Energy Sector ,
Federal Power Act ,
FERC ,
Notification Requirements ,
Power Grid ,
Power Infrastructure ,
Proposed Amendments ,
Proposed Legislation ,
Public Utility ,
Section 203
On January 23, 2017, the House of Representatives passed H.R. 587, the Fair Ratepayer Accountability, Transparency, and Efficiency Standards Act (“Fair RATES Act”), which would amend Section 205 of the Federal Power Act (FPA)...more
On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more
On July 16, 2015, the Federal Energy Regulatory Commission (FERC) eliminated the requirement for certain public utilities, including regional transmission organizations (RTOs), independent system operators (ISOs) and exempt...more