News & Analysis as of

Federal Energy Regulatory Commission Pipelines Interstate Commerce

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Decision Opens Doors to Rate Increases by FERC-Regulated Oil, Liquids and Refined Products Pipelines

Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more

Akin Gump Strauss Hauer & Feld LLP

FERC Permits Oil and Liquid Pipelines to Increase Index Rates by over 13%

Effective July 1, 2023, oil and liquids pipelines regulated by the Federal Energy Regulatory Commission (FERC) and charging so-called “index” rates will be able to increase their rates by over 13 percent. FERC announced this...more

Akin Gump Strauss Hauer & Feld LLP

FERC Initiates New Review on Contracts Between Oil Pipelines and Their Affiliates

On December 15, 2022, the Federal Energy Regulatory Commission (FERC) voted to issue a Proposed Policy Statement on Oil Pipeline Affiliate Committed Service (the “Proposed Policy Statement”) in a new docketed proceeding in...more

Holland & Knight LLP

FERC Affirms and Clarifies Magellan Marketing Affiliate Order

Holland & Knight LLP on

After a five-year wait, the Federal Energy Regulatory Commission (FERC) has denied rehearing of its 2017 order in Magellan Midstream Partners, L.P., 161 FERC ¶ 61,219 (2017) (Magellan) that declared Magellan Midstream...more

Bracewell LLP

Senate Considers FERC's Role in Hydrogen Pipeline Development

Bracewell LLP on

Last week, the Senate Committee on Energy & Natural Resources (SENR) held a hearing on “Federal Regulatory Authorities Governing the Development of Interstate Hydrogen Pipelines, Storage, Import, and Export.” Chaired by...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2021

Dorsey & Whitney LLP on

Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: In the late 1990s, Csaba Truckai invented and patented a device to treat abnormal uterine bleeding. Truckai assigned his interest to his company, Novacept, which in turn...more

Troutman Pepper

FERC Proposes Guidance on Oil Pipeline Carrier Contracts with Affiliates

Troutman Pepper on

On October 15, 2020, FERC issued a notice of proposed policy statement (“Proposed Policy Statement”) with proposed guidance for oil pipeline carriers to demonstrate through tariff filings or declaratory order petitions that...more

Eversheds Sutherland (US) LLP

FERC issues NOI seeking stakeholder input on natural gas transportation facility certification process

The Federal Energy Regulatory Commission (FERC) has issued a Notice of Inquiry (NOI) initiating a review of FERC’s 1999 Policy Statement on the certification of new natural gas transportation facilities (Policy Statement)....more

Jackson Walker

Petition for Rulemaking Requests Standards of Conduct for Oil Pipelines

Jackson Walker on

Airlines for America and the National Propane Gas Association (“Petitioners”) filed a Petition for Rulemaking on February 1, 2018, asking the Federal Energy Regulatory Commission (“FERC”) to extend its affiliate Standards of...more

Dorsey & Whitney LLP

FERC Puts Cloud Over Certain Oil Pipeline Marketing Affiliate Transactions

Dorsey & Whitney LLP on

In an unexpected shake up in the oil pipeline industry, the Federal Energy Regulatory Commission (“FERC” or “Commission”) recently declined to approve an oil pipeline’s proposal to have its marketing affiliate obtain its...more

Eversheds Sutherland (US) LLP

FERC Proposes Changes to Interstate Oil Pipeline Index Ratemaking and Cost and Revenue Reporting

The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating interstate oil pipeline...more

Cadwalader, Wickersham & Taft LLP

FERC Issues ANOPR on Revisions to Oil Pipeline Indexing Policies and Reporting Requirements

On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking (“ANOPR”) seeking comments on potential revisions to (1) the Commission’s policies for...more

Morgan Lewis

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

Morgan Lewis on

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

K&L Gates LLP

FERC Issues Order Asserting Jurisdiction over Ethane Pipelines Under the Interstate Commerce Act

K&L Gates LLP on

On December 31, 2013, the Federal Energy Regulatory Commission (“FERC”), in a case of first impression, confirmed its jurisdiction over and its intention to regulate the economic and operational aspects of the interstate...more

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