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…

Continue reading

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…

Continue reading

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…

Continue reading

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…

Continue reading

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

Continue reading

Joel Green & Melissa Alfano Featured in District Energy Magazine

Jennings, Strouss & Salmon energy attorneys Joel Green & Melissa Alfano, are featured in the latest edition of District Energy Magazine. Read the full article : FERC addresses natural gas indexliquidity and transparency issues

Continue reading

FERC Sets Agenda for Technical Conference on Natural Gas Index Liquidity and Transparency

On June 29, 2017, the Federal Energy Regulatory Commission (FERC) will hold a technical conference to discuss liquidity in the natural gas markets and what, if anything, the industry or FERC can do to increase transparency and robustness in natural gas price formation. The day-long conference will feature three stakeholder…

Continue reading

New Court Decision Opens Door to Broader Assertion of Jurisdiction by FERC over Governmental Entities

The U.S. Court of Appeals for the D.C. Circuit issued a decision recently finding that the Federal Energy Regulatory Commission (“FERC”) had authority to order the Bonneville Power Administration (“BPA”) to pay money to a public utility.  This holding is significant because BPA is a governmental entity exempt from FERC’s…

Continue reading

FERC Weighs Tax Policy Changes in Wake of Ruling in United Airlines, Inc. v. FERC

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) in Docket No. PL17-1, seeking comments on how to address any double recovery that may result from its tax allowance and rate of return policies in light of the ruling in United Airlines, Inc. v. FERC, 827 F.3d 122 (D.C. Cir. 2016).

Continue reading

Energy Companies Need to Ready Themselves for New CFTC Position Limits Regime

A recent public statement by Timothy Massad, the Chairman of the Commodity Futures Trading Commission (“CFTC” or “Commission”) indicates that the CFTC still plans to finalize its position limits rule before the end of the year. The rule, which is many years in the making, has taken multiple forms since…

Continue reading

The United States Court of Appeals for the Fifth Circuit Remands FERC Orders Addressing Participation by Non-Jurisdictional Utilities in the WestConnect Transmission Planning Region and Re-Opens Cost Allocation Issue.

On August 8, 2016, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit” or “Court”) issued a Decision on El Paso Electric Company’s (“El Paso”) petitions for review of FERC Orders addressing compliance with the requirements of Order No. 1000, et al., in the WestConnect planning region….

Continue reading

Gary J. Newell Featured in District Energy Magazine

    Jennings, Strouss & Salmon energy attorney Gary J. Newell is featured in the latest issue of District Energy Magazine. Read the full article: FERC in the crossfire as PURPA debate heats up

Continue reading

New Federal Reserve Board Rule Demonstrates Why Electric Utilities Must Expand Their Monitoring and Compliance Programs Beyond FERC

    Electric utility compliance programs typically cover regulatory requirements imposed by the Federal Energy Regulatory Commission (“FERC”) under the Federal Power Act or Natural Gas Act and, more recently, by the Commodity Futures Trading Commission (“CFTC”) under the Dodd-Frank Act.  Regulations issued by those two commissions are monitored closely….

Continue reading

Jennings Strouss Attorneys Recognized in 2016 Washington D.C. Super Lawyers®

WASHINGTON, D.C. (April 26, 2015) – Jennings, Strouss & Salmon, PLC announced that attorneys Debra D. Roby, Joel L. Greene, Gary J. Newell, Alan I. Robbins and Deborah A. Swanstrom have been listed in the 2016 Washington DC Super Lawyers® in the area of Energy and Natural Resources. Debra D….

Continue reading

The United States Supreme Court Limited the Ability of States to Promote Generation Development

A unanimous decision of the United States Supreme Court issued on April 19, 2016 in Hughes v. Talen Energy held that the State of Maryland’s program to promote development of in-state electric generation assets is preempted by federal law because it “sets” interstate wholesale rates under FERC’s exclusive jurisdiction. The Court, however,…

Continue reading

Gary J. Newell Featured in District Energy Magazine

      Jennings, Strouss & Salmon energy attorney, Gary J. Newell is featured in the latest edition of District Energy magazine. Read the full article: CHP, demand response and the Supreme Court’s decision in FERC v. EPSA

Continue reading

FERC Refines Pipeline Cost-Allocation Policies in Order on Remand

In a recent Order on remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”),[1] the Federal Energy Regulatory Commission (“Commission”) reversed its earlier decisions and determined that  the rolled-in vs. incremental rate policies  established in its 1999 Certificate Policy Statement[2] do not justify…

Continue reading

Debbie A. Swanstrom & Andrea I. Sarmentero Garzón Featured in District Energy Magazine

Jennings, Strouss & Salmon energy attorneys, Debbie A. Swanstrom & Andrea I. Sarmentero Garzón , are featured in the latest edition of District Energy magazine.

Continue reading

FERC Reacts to First Pipeline Modernization Tracker Proposal under New Policy

      As reported in our prior blogs, on November 2014, the Federal Energy Regulatory Commission (FERC) proposed a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities in Docket No. PL15-1 that would allow interstate pipelines that meet certain criteria to recover the costs of…

Continue reading

The D.C. Circuit Rejects FERC’s Geographical Limitation of Municipal Preference in Hydro Licensing Proceedings

On November 20, 2015 the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or “Court”) issued a decision in Western Minnesota Municipal Power Agency v. FERC rejecting the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) interpretation limiting the municipal preference for preliminary hydropower permits under Section 7(a) of the Federal Power Act (“FPA”), 16 U.S.C. § 800(a) (2013).

Continue reading

Richard Lieberman and Andrea I. Sarmentero Garzón Featured in District Energy Magazine

Jennings, Strouss & Salmon attorneys, Richard Lieberman and Andrea I. Sarmentero Garzón , are featured in the latest edition of District Energy magazine.

Continue reading

Recent Decision Highlights a Further Cybersecurity Concern for Utilities

Over the past few years, the providers of public utility services have become increasingly aware of the need to protect their computer networks from electronic intrusion by individuals or organizations seeking to destroy equipment or disrupt service. A recent court decision brings to light another cybersecurity issue that also should be of concern to utilities—namely, the theft of customer financial information and the potential liability for a utility that can arise from insufficient data protection.

Continue reading

CFTC Revamps Its Swap Data Reporting Regulations

        The Commodity Futures Trading Commission (CFTC) is proposing amendments to its Part 45 swap data reporting regulations related to cleared swaps. The amendments primarily affect swap data repositories (SDRs), derivatives clearing organizations (DCOs), designated contract markets (DCMs), swap execution facilities (SEFs), swap dealers (SDs), and major…

Continue reading

Joel L. Greene and Melissa A. Alfano Featured in District Energy Magazine

              Jennings, Strouss & Salmon energy attorneys, Joel L. Greene and Melissa A. Alfano, are featured in the latest edition of District Energy magazine. Read the full article: FERC Issues Order to Improve Gas-Electric Coordination

Continue reading

Jennings Strouss Attorney Debbie Swanstrom to Present at ACI’s National Forum on Energy Trading

Jennings Strouss energy attorney Debbie Swanstrom will be speaking at the American Conference Institute’s 11th National Forum on Energy Trading Compliance & Regulatory Enforcement Summit held on July 21st and 22nd in Houston, Texas. Debbie will be presenting, “What Is the Basic Minimum Necessary to Keep Small Market Participants in…

Continue reading

FERC Approves Gas Modernization Policy

                In November 2014, the Federal Energy Regulatory Commission (“FERC”) proposed a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities in Docket No. PL15-1 that would allow interstate pipelines to recover the costs of modernizing their facilities through an…

Continue reading

CFTC Plans To Lighten Regulatory Burdens on End-Users Trading Commodity

          On April 30, 2015, the Commodity Futures Trading Commission (“Commission” or “CFTC”) issued a notice of proposed rulemaking to amend its commodity trade option regulation. The proposed changes are intended to reduce recordkeeping and reporting obligations for physical commodity option transactions between commercial end-users which…

Continue reading

Jennings Strouss Attorneys Recognized in 2015 Washington DC Super Lawyers®

Washington, D.C. (April 29, 2015) – Jennings, Strouss & Salmon, PLC announced that firm members Debra D. Roby, Joel L. Greene, Gary J. Newell, Alan I. Robbins and Deborah A. Swanstrom have been listed in the 2015 Washington DC Super Lawyers® in the area of Energy and Resources. Debra D. Roby is Chair of the firm’s Energy practice group and has…

Continue reading

FERC Conditionally Approves Risk-based Electric System Reliability Registration

  On March 19, 2015, The Federal Energy Regulatory Commission (“FERC”) issued an order in Docket No. RR15-4 (the “Order”) addressing a proposal by the North American Electric Reliability Corporation (“NERC”) to implement a Risked-Based Registration (“RBR”) proposal. The goal of NERC’s RBR proposal is to achieve an effective application…

Continue reading

FERC Receives Reply Comments on its Proposed Policy on Cost Recovery for Modernization of Natural Gas Facilities

                  Last month we informed you that the Federal Energy Regulatory Commission (“FERC”) had received initial comments on its proposed policy to allow interstate pipelines to recover the costs of modernizing their facilities through a cost tracker. On February 26th, FERC received…

Continue reading

FERC Receives Initial Comments on its Proposed Policy on Cost Recovery for Modernization of Natural Gas Facilities

                In November 2014, the Federal Energy Regulatory Commission (“FERC”) proposed a new policy statement that outlines the standards interstate natural gas pipelines would need to satisfy in order to recover the costs to modernize their facilities and infrastructure. Initial comments on the…

Continue reading

D.C. Circuit Decision Brings Uncertainty to CHP Participation in Demand Response Markets

On May 23, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision with important implications for the owners of resources used to control the amount of demand a retail electric customer places on the power system − so-called “demand response” (DR) resources −…

Continue reading

OMB Approves PHMSA Changes to Incident and Annual Report for Gas Pipeline Operators; PHMSA Plans to Initiate Rulemaking to Implement Further Changes

      The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) received approval from the Office of Management and Budget (“OMB”) to continue using, with changes, various “Incident and Annual Reports for Gas Pipeline Operators” under OMB Control No. 2137-0522. PHMSA had initially proposed changes to six specific forms that…

Continue reading

FERC Accepts Pro Forma Agreement for Transmission Project Developers in the CAISO, Enabling New Opportunity to Join the CAISO Only as a Partial Participating Transmission Owner

The Federal Energy Regulatory Commission (“FERC” or “Commission”) accepted, subject to certain conditions, the California Independent System Operator Corporation (“CAISO”) proposed pro forma Approved Project Sponsor Agreement (“APSA”) to be added as Appendix X to its Open Access Transmission Tariff (“Tariff”). See California Independent System Operator, 149 FERC ¶ 61,107 (2014).

Continue reading

FERC Concerned about Impact of Fuel Assurance on Generator Performance and Electric Markets Operations

    On November 20, 2014, The Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order (“Fuel Assurance Order”) directing each regional transmission organization (“RTO”) and independent system operator (“ISO”) to file a report on the status of its efforts to address market and system performance associated with “fuel…

Continue reading

FERC Proposes Policy on Cost Recovery for Modernization of Natural Gas Facilities

              Following its open meeting on November 20, 2014, the Federal Energy Regulatory Commission (“FERC”) is seeking comments on a proposed new policy statement (PL15-1-000) that will outline the standards interstate natural gas pipelines must satisfy in order to recover the costs of modernizing…

Continue reading

Gary Newell Featured in District Energy Magazine

Jennings, Strouss & Salmon energy attorney, Gary J. Newell, is featured in the latest edition of District Energy magazine. Read the full article: Recent PURPA Enforcement Actions: Do they signal a policy shift at FERC? Watch this video to hear Gary Newell discuss additional information about the Public Utility Regulatory…

Continue reading

Jennings Strouss Receives National Ranking for Energy Law on 2015 “Best Law Firms” List

We are pleased to announce that Jennings, Strouss & Salmon, PLC received a Tier 1 National Ranking for Energy Law on the 2015 “Best Law Firms” list compiled by U.S. News & World Report and Best Lawyers®. We consider this a great and significant honor. Only 37 of the 110 firms included on…

Continue reading

FERC Determines Compliance With Capacity Release Order to Show Cause

              In March of this year, the Commission initiated a show cause proceeding requiring all pipelines to either: (1) revise their tariffs in accordance with the Commission’s regulations under 18 C.F.R. 284.8(d), which requires pipelines to provide for the posting of capacity release offers;…

Continue reading

Pricing Electric System Reliability in MISO

There have recently been two significant Orders from the Federal Energy Regulatory Commission (“FERC”) concerning System Support Resources (“SSRs”) for the Midcontinent Independent System Operator (“MISO”).

Continue reading

Alternatives to Courthouse Litigation: Resolving Commercial Disputes Without Filing a Lawsuit

Alston discusses why filing a lawsuit should be viewed as the final option to pursue a resolution in a commercial dispute. Exploring alternative dispute resolution options such as mediation and arbitration can often reduce expenses and time to a resolution, and can potentially preserve business relationships. While alternative dispute resolution cannot resolve every dispute, it should be considered before entering into the judicial system.

Continue reading

FERC Approved First Pilot Project to Test the Fast-Track Licensing Process Provided in the Hydropower Regulatory Efficiency Act of 2013

The Federal Energy Regulatory Commission (“FERC” or “Commission”) approved this week the first pilot project to test a fast-track licensing process for hydropower development pursuant to the Hydropower Regulatory Efficiency Act of 2013 (the “Act”).

Continue reading

Ready for the New Bulk Electric System Definition?

      The North American Electric Reliability Corporation (NERC) and its electric utility industry stakeholders are nearing the effective date of a definition that is critical to the role of NERC and everyone involved in the electric utility industry.  That critical definition is the definition of the Bulk Electric…

Continue reading

FERC Changes ROE Methodology for Public Utilities

On June 19, 2014, the Federal Energy Regulatory Commission (“FERC”) issued an order significantly revising its methodology for determining the base Return on Equity (“ROE”) for jurisdictional electric utility companies. FERC applied its new methodology for the first time in deciding a pending complaint proceeding that involved a challenge to…

Continue reading

EPA Publishes New Regulations on Greenhouse Gas Emissions

The United States Environmental Protection Agency (“EPA”) published this week its two proposed regulations addressing greenhouse gas (“GHG”) emissions from existing fossil fuel-fired Electric Generating Units (“EGUs”): (i) the Carbon Pollution Standards for Modified and Reconstructed Stationary Sources (“GHG Standards”); and (ii)the Carbon Pollution Emission Guidelines for Existing Stationary Resources…

Continue reading

Jennings Strouss Attorneys Recognized in 2014 Washington DC Super Lawyers®

Washington, D.C. (May 5, 2014) – Jennings, Strouss & Salmon, PLC announced that Debra D. Roby, Joel L. Greene, Alan I. Robbins and Deborah A. Swanstrom have been listed in the 2014 Washington DC Super Lawyers® in the area of Energy and Natural Resources. Roby is Chair of the firm’s Energy practice group and has extensive experience representing clients before the…

Continue reading