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Fourth Circuit Vacates National Park Service Right-of-Way Permit for Atlantic Coast Pipeline Project

By Joel L. Greene, Gerit F. Hull and Andrea I. Sarmentero Garzón In another blow to construction of the 600-mile Atlantic Coast Pipeline (ACP), certificated by the Federal Energy Regulatory Commission (FERC) on October 13, 2017, the Fourth Circuit Court of Appeals on August 6: (1) vacated as arbitrary and capricious the National Park Service’s (NPS’s) right-of-way permit that would have allowed the project sponsors to drill and pass under the Blue Ridge Parkway, and (2) affirmed its...
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FERC To Expand PJM’s Minimum Offer Price Rule to All Planned and Existing Resources – A Battle To Pr...

        On June 29, 2018, FERC issued an order rejecting two proposals (i.e., the Capacity Repricing and the MOPR-Ex proposals) filed by PJM Interconnection, L.L.C. (“PJM”) to address subsidization of resources in its capacity markets (Docket No. ER18-1314). The FERC order also granted in part a complaint filed by Calpine Corporation and others challenging PJM’s minimum offer price rule (“MOPR”) as unjust and unreasonable. The complainants proposed interim Tariff...
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FERC Initiates Review of Its Long-Standing Pipeline Certificate Policy Statement

FERC Initiates Review of Its Long-Standing Pipeline Certificate Policy Statement
Last Thursday, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Inquiry (“NOI”) seeking comment on possible changes needed to its 1999 Policy Statement on certification of new interstate pipelines. The NOI notes the almost two decades since the 1999 Policy Statement was approved and acknowledges that the Commission may have to reconsider how it balances project benefits against adverse consequences in light of the shale gas revolution,...
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FERC Issues Orders in Cases Involving Rates for Transmission Service, Wholesale Power Rates, and Com...

By: Gerit Hull, Gary Newell, and Andrea Sarmentero Garzon The following are summaries of recent orders issued by FERC in four proceedings in which Jennings Strouss was involved.  The proceedings involve rates for transmission service, wholesale power rates, and competition in RTO markets.  The Commission denied a request for a transmission rate incentive, granted a complaint that alleged improper costs were included in a wholesale power formula rate calculation, ordered a technical...
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Issue of Coordination with Affected Systems Rises to Forefront at FERC

By: Deborah Swanstrom* The issue of coordination with Affected Systems has long been a proverbial “elephant in the room” when generation project developers request interconnection service from a Transmission Provider and the interconnection may impact neighboring systems. The Federal Energy Regulatory Commission (FERC) largely side-stepped the issue when it originally promulgated its pro forma Large Generator Interconnection Procedures (LGIP) and Large Generator Interconnection Agreement...
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