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COVID-19: FERC Grants Regulatory Relief, Commits to Exercise Prosecutorial Discretion

Federal Energy Regulatory Commission Chairman Neil Chatterjee on April 2, 2020, announced the commission’s plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing...more

COVID-19 FERC Provides Overview of Operating Status Regulatory Approach

Commission Chairman Neil Chatterjee held a press conference on March 19 to discuss FERC’s work during the current pandemic, provide updates regarding the coronavirus (COVID-19), and respond to questions from the media. ...more

FERC/NERC Provide Compliance Flexibility for Certain Standards During Pandemic

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic. ...more

FERC/NERC Notice Gives Utilities Some Compliance Flexibility During COVID-19

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic....more

Pandemic Planning: Electric Reliability Maintenance and Standards Compliance

Following the increased spread of COVID-19 within the United States, the North American Electric Reliability Corporation (NERC) issued a Level 2 Alert on March 10 to all users, owners, and operators of the bulk-power system,...more

White House Proposes to Modernize and Streamline Its NEPA Regulations, Invites Public Comments

The White House’s Council on Environmental Quality (CEQ) today published in the Federal Register a notice of proposed rulemaking (NPRM) titled, “Update to the Regulations Implementing the Procedural Provisions of the National...more

1/10/2020  /  Energy Sector , FERC , NEPA , Public Comment

FERC Orders PJM to Expand Minimum Offer Price Rule

The Federal Energy Regulatory Commission (FERC) on December 19, 2019, directed PJM Interconnection to extend its minimum offer price rule (MOPR) from new natural gas–fired electric generators to also cover any generator that...more

FERC GC to Be Nominated as New Commissioner

President Donald Trump announced on Monday his intention to nominate FERC General Counsel James Danly to fill the remaining Republican position at FERC. That position has been vacant since the untimely passing of former...more

FERC Proposes to Revise Qualifying Facility Rates and Requirements

FERC issued a notice of proposed rulemaking (NOPR) on September 19 announcing its intent to revise key rules governing the status and rights of Qualifying Facilities (QFs). These revisions include proposed changes to the...more

FERC Orders PJM to Suspend 2019 Base Residual Auction

For the second time, PJM Interconnection, LLC (PJM) has suspended its 2019 Base Residual Auction (BRA) as directed by the Federal Energy Regulatory Commission (FERC). FERC found that delaying the auction until the Commission...more

FERC Requires a Business to Pay Off a Related Business’s Debts Before Entering RTO Market

When a business entity that is regulated by the Federal Energy Regulatory Commission (FERC) is closely related to another business entity, FERC takes the position that under some circumstances it may treat the two different...more

Three New EPA Rules Will Affect Utility Coal Plants and State Resource Planning

The US Environmental Protection Agency (EPA) issued three rules on June 19 that may give utilities new reasons to consider investing in certain plant modifications and reassessing the projected lifespans of their facilities....more

FERC Requires Expanded Cyber Incident Reporting for Electric Utilities

The final rule reflects regulator concerns that the cyber threats facing electric utilities are largely underreported....more

PJM Interconnection Implements New Requirements for Generator Interest and Asset Sales

Regional transmission operator PJM Interconnection, L.L.C. recently changed its operating manual to require that generating entities experiencing direct or indirect changes in ownership or control notify PJM of such changes...more

7/11/2018  /  Energy Sector , FERC , PJM

DC Circuit Affirms FERC Decision on MISO Cost Allocation

The US Court of Appeals for the District of Columbia denied challenges to Federal Energy Regulatory Commission orders that rejected a Midcontinent Independent System Operator (MISO) cost allocation proposal on the grounds...more

6/28/2018  /  Appeals , Cost Allocation , FERC , MISO

Landmark FERC Rule Paves Way for Electric Storage in Wholesale Markets

Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation and enhance competition in regional transmission organization and...more

FERC Seeks Comments on Market Design Issues Affecting Nuclear Power Plants

The agency requests comments on policies regarding state support for zero-carbon-emitting power plants....more

FERC Proposes to Integrate Electric Storage into Organized Markets

The proposed rule recognizes the physical and operational characteristics of electric storage resources and distributed energy resource aggregators and removes barriers to their participation in organized wholesale electric...more

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

Supreme Court Stays Implementation of Controversial Clean Power Plan

The 5-4 decision temporarily blocks further execution of the EPA’s new plan to cut carbon emissions from existing power plants. On February 9, the US Supreme Court handed a potentially significant defeat to the Obama...more

Highway Bill Adds New Security Measures to Federal Power Act

Amendments to Federal Power Act grant the DOE authority to order emergency protective actions by utilities, provide greater protections for Critical Energy Infrastructure Information, and exempt utilities from environmental...more

FERC Clarifies Policy on Simultaneous Exchange Transactions

FERC reiterates that simultaneous exchanges between affiliates require prior approval and clarifies the types of transactions covered by this policy and the showing necessary to receive FERC approval....more

Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

FERC proposes to grant itself access to NERC’s Transmission Availability Data System, Generating Availability Data System, and Protection System Misoperations Database. On September 17, the Federal Energy Regulatory...more

President Obama, EPA Unveil Final Greenhouse Gas Emissions Reduction Rule

Although legal hurdles remain, EPA’s Clean Power Plan envisions sweeping changes to the electricity generation sector designed to mitigate climate change concerns through reduction of carbon dioxide emissions by 2030, and it...more

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