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

In another blow to the 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…

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FERC To Expand PJM’s Minimum Offer Price Rule to All Planned and Existing Resources – A Battle To Preserve States’ Jurisdiction Over Generation Facilities and to Carve Out Appropriate Exemptions Ensues

        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…

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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…

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FERC Issues Orders in Cases Involving Rates for Transmission Service, Wholesale Power Rates, and Competition in RTO Markets

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…

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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…

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FERC Issues Final Rule Requiring RTOs to Provide for Participation of Electric Storage Resources in Organized Markets

On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 841, Electric Storage in Markets Operated by Regional Transmission Organizations and Independent System Operators. Order No. 841 requires tariff reforms in order to facilitate the participation of electric storage resources in capacity, energy, and ancillary services markets…

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FERC Terminates Rulemaking Aimed At Increasing RTO/ISO Reliance On Merchant Coal and Nuclear Resources, Initiates New Proceeding To Explore RTO/ISO Resilience Issues

On January 8, 2018, the Federal Energy Regulatory Commission (FERC or Commission) issued an Order terminating a rulemaking initiated in Docket No. RM18-1-000 in which the Commission, acting at the request of the Department of Energy (DOE), considered requiring Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to establish…

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Andrea I. Sarmentero Garzón & Gerit F. Hull Featured in EBA Journal

Jennings, Strouss & Salmon energy attorneys, Andrea I. Sarmentero Garzón and Gerit F. Hull, are featured in the latest edition of the EBA Journal. Read the full article: Developments In FERC Policy For Determining Return On Equity

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