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Federal Energy Regulatory Commission Utilities Sector Federal Power Act

Baker Botts L.L.P.

FERC Revises ROE Methodology for Transmission Owners

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On October 17, 2024, the Federal Energy Regulatory Commission (Commission) issued an order revising the methodology for establishing the return on equity (ROE) for transmission owners (TOs) operating within the footprint of...more

Husch Blackwell LLP

FERC Approves New Final Rule for Permit to Site Interstate Electric Transmission Facilities

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At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more

Jenner & Block

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

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On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment...more

Wilson Sonsini Goodrich & Rosati

FERC Initiates New Proceeding to Review Its Policy on Federal Power Act Section 203(a)(2) Blanket Authorizations, Posing Potential...

On December 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) to request public comments on questions relating to FERC’s current policy on providing blanket authorizations for the...more

Foley & Lardner LLP

FERC Order Reaffirms Affiliate Relationship Involving Investor Officers/Directors and Public Utilities

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The Federal Energy Regulatory Commission (“FERC”) recently affirmed its prior determination that where an investor’s non-independent director is appointed to the board of a public utility or public utility holding company,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Doubles Down on Scrutiny of Investor Ties with Public Utilities

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

Foley Hoag LLP - Energy & Climate Counsel

FERC Affirms That Appointing a Single Non-Independent Board Member Creates Utility Affiliation

On July 3, 2023, the Federal Energy Regulatory Commission (“FERC”) issued an order addressing issues raised on rehearing in response to one of two October 2022 orders that set the stage for small minority investors to be...more

Troutman Pepper

State Attorneys General Argue BlackRock is Violating its FERC Blanket Authorization

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A group of 17 states, through their Attorneys General (“State AGs”), filed a motion (“Motion”) on May 10, 2023, requesting that the Commission audit and investigate whether BlackRock is acting as an “activist” investor,...more

Holland & Knight LLP

FERC Approves New Cybersecurity Standards for Low-Impact Electric Assets

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At its open monthly meeting on March 16, 2023, the Federal Energy Regulatory Commission (FERC) approved a new cybersecurity standard proposed by the North American Electric Reliability Corporation (NERC) to address the supply...more

A&O Shearman

FERC Confirms that the Right to Appoint a Board Member Constitutes a Change in Control

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On October 20, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two orders addressing the regulatory impact of the right to appoint a non-independent board member of a FERC-jurisdictional...more

Latham & Watkins LLP

FERC Expands Scope of Affiliation Between Investor and Public Utility

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More investors in public utilities may now be considered affiliates, thereby significantly increasing compliance obligations and transactions subject to prior FERC approval. On October 20, 2022, the Federal Energy...more

Dorsey & Whitney LLP

FERC Increases Regulatory Oversight of Investors With Officers or Directors on Public Utilities’ Boards

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​​​​​​​The Federal Energy Regulatory Commission (“FERC”) recently ruled that an investor is deemed an affiliate of a public utility if the investor has a seat on the public utility’s board of directors. This rule indicates...more

Troutman Pepper

FERC Elaborates on How Board Membership Impacts “Affiliation” Determination Under FERC’s Rules

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On October 20, 2022, FERC issued orders in two separate proceedings that clarified how investor company appointments to public utility boards of directors can trigger additional FERC regulatory scrutiny. Specifically, in the...more

Holland & Knight LLP

FERC Proposes Major Reforms to Generator Interconnection Process

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The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more

Holland & Knight LLP

FERC Proposes Major Shake-Up of Electric Transmission Grid

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The Federal Energy Regulatory Commission (FERC), relying on its authority under Section 206 of the Federal Power Act (FPA), issued a Notice of Proposed Rulemaking (NOPR) on April 21, 2022, laying out broad reforms to its...more

Morgan Lewis - Power & Pipes

FERC Investigates Five Western Utilities’ Formula Rate Protocols

FERC initiated show-cause proceedings on April 21, 2022, to investigate the justness and reasonableness of the formula rate protocols of five public utility transmission providers in the West....more

Husch Blackwell LLP

FERC’S Next Big Electric Initiative

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On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power...more

Troutman Pepper

FERC Establishes Joint Federal-State Task Force with NARUC and Issues Policy Statement to Spur Transmission Development

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On June 17, 2021, FERC took two actions to encourage transmission development across the U.S. Specifically, FERC issued an order establishing a joint state-federal task force to evaluate transmission development issues, and...more

White & Case LLP

Summary of FERC Meeting Agenda for March 2021

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's March 18, 2021 open meeting, pursuant to the agenda issued on March 11, 2021. Agenda items E-8 and G-1 have not been summarized due to...more

Akin Gump Strauss Hauer & Feld LLP

FERC Takes Action to Encourage Cybersecurity Investments

Building off its White Paper issued last summer, the Federal Energy Regulatory Commission (FERC or the “Commission”) has proposed changes to its regulations that would encourage more robust investment in cybersecurity...more

Troutman Pepper

Two Northwest Irrigation Districts Request Declaratory Order on FERC’s Jurisdiction Under FPA Section 211A

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On January 22, 2021, two Washington state irrigation districts, Quincy-Columbia Basin Irrigation District and East Columbia Basin Irrigation District (the “Districts”), filed a Petition for Declaratory Order (“Petition”)...more

Holland & Knight LLP

D.C. Circuit Upholds FERC Ruling that Promotes the Participation of Energy Storage Technologies

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On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit upheld a major Federal Energy Regulatory Commission (FERC) order intended to support fledgling energy storage participation in organized...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 18, 2020 meeting, pursuant to the agenda as issued on June 11, 2020. Due to COVID-19 and measures undertaken by government...more

Blank Rome LLP

FERC Establishes Revised ROE Methodologies for Public Utilities and Pipelines

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On May 21, 2020, the Federal Energy Regulatory Commission (“FERC”) issued two orders addressing methodologies for analyzing the base return on equity (“ROE”) components of rates of FERC-regulated entities. In Opinion No....more

Jones Day

FERC Revises Return on Equity Methodology for Electric Utilities, Yet Again

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The Decision: The Federal Energy Regulatory Commission ("FERC") issued Opinion No. 569-A, refining the methodology it established in Opinion No. 569 for setting the return on equity ("ROE") that electric utilities earn on...more

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