Cybersecurity and District Energy Resilience

Jennings, Strouss & Salmon attorneys, Debra D. Roby, author “Cybersecurity and District Energy Resilience,” published in District Energy Magazine’s “From a Legal Perspective” section. In today’s digital age, organizations are increasingly susceptible to hacking and cyberattacks. Cybersecurity breaches can pose serious risks to the resilience and reliability of a district energy system….

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FERC Requests Industry Input on Gas-Electric Coordination and Initiates a Paper Hearing on Electric Scheduling

Natural gas is fuel increasingly used to generate electricity. To better coordinate the scheduling timelines and practices of natural gas pipelines with electric utilities, the Federal Energy Regulatory Commission (“FERC”) issued two significant orders. First, FERC issued a notice of proposed rulemaking on the Coordination of the Scheduling Processes of…

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FERC Issues Show Cause Order to Interstate Pipelines to Comply with Capacity Release Regulations

At its monthly meeting on March 20, 2014, the Commission initiated a show cause proceeding, pursuant to section 5 of the Natural Gas Act. The Order requires all pipelines to either (1) revise their tariffs in accordance with the Commission’s capacity release posting regulations; or (2) otherwise demonstrate that they…

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FERC Revises the EQR Data Dictionary and Announces a Technical Conference

In an order issued this afternoon, the Federal Energy Regulatory Commission (FERC) adopted further changes to the Electric Quarterly Report (EQR) Data Dictionary. FERC stated that it adopted version 3.0 of the EQR Data Dictionary in order to implement the revised EQR filing process and to update the list of…

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FERC sets New Deadlines for the Web-Based Filing of Electronic Quarterly Reports

On February 28, 2014, the Federal Energy Regulatory Commission (FERC) issued an order extending and setting the deadlines to file electric quarterly reports (EQRs) for the third quarter (Q3) 2013, the fourth quarter (Q4) 2013 and the first quarter (Q1) 2014. FERC also reminded EQR filers that the deadline to…

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The CFTC Grants Temporary Regulatory Relief to the Southwest Power Pool and Integrated Marketplace Participants

On February 20, 2014, the staff of the Commodity Futures Trading Commission (CFTC) issued a No-Action letter temporarily removing a regulatory barrier to Southwest Power Pool’s (SPP) planned March 1, 2014 launch of its Integrated Marketplace. The No-Action letter is a stop-gap measure that will expire on the earlier of…

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FERC Prepares for Web-Based Filing of Electronic Quarterly Reports

FERC recently issued a reminder that entities responsible for filing Electronic Quarterly Reports (EQRs) must complete the Company Registration prior to filing. Filing entities may obtain a Company Identifier (CID) number from the FERC by completing a Company Registration on the FERC website. FERC extended the deadlines to file the…

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FERC Issues Notice of Proposed Rulemaking for NERC Standard on Geomagnetic Disturbances

On January 16, 2014, the FERC issued a Notice of Proposed Rulemaking to approve NERC Reliability Standard EOP-010-1. The proposed standard is the first step in implementing Order No. 779, where the Commission directed NERC to develop reliability standards aimed at mitigating the effects of geomagnetic disturbances (“GMDs”) on the…

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FERC and the CFTC Reach Agreement on Jurisdiction and Information Sharing

The Dodd-Frank Wall Street Reform and Consumer Protection Act signed by President Obama in July 2010 (“Dodd-Frank Act”)[1] mandated that the Federal Energy Regulatory Commission (“FERC“) and the Commodity Futures Trading Commission (“CFTC“) enter into a memorandum of understanding (“MOU”) by January 2011 outlining how the two agencies can exercise…

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New Laws Promote Development of Small Hydropower Projects

Hydropower supplies about seven percent of the U.S. electricity demand and is currently the nation’s largest source of renewable carbon-free energy. The operational flexibility that pumped storage hydropower projects provide to the grid, by responding rapidly to supply and demand imbalances and maintaining power system stability, is particularly beneficial. Yet,…

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Jennings Strouss Named on 2014 U.S. News – Best Lawyers “Best Law Firms” List

PHOENIX, Ariz. (November 21, 2013) – Jennings, Strouss & Salmon, PLC announced that it has been selected for inclusion in Best Law Firms in America® 2014, published by U.S. News & World Report and Woodward/White, Inc. of Aiken, South Carolina. The listings are presented in tiers and ranked nationally and…

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Top Ten Things Every Governmental Utility Needs To Know About Compliance With CFTC Recordkeeping And Reporting Requirements, As Well As Trading With Swap Dealers

Jennings, Strouss & Salmon attorney Debbie A. Swanstrom recently presented the topic, “Now What? CFTC Obligations and Compliance in the Age of Swaps,”at the APPA Legal Seminar in Seattle, WA. Here are highlights from her presentation: TOP TEN THINGS EVERY GOVERNMENTAL UTILITY NEEDS TO KNOW ABOUT COMPLIANCE WITH CFTC RECORDKEEPING…

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Corporate Power Marriages: Special Considerations for Partial Interests in Power Production

Jennings, Strouss & Salmon attorney, Richard Lieberman, authors “Corporate Power Marriages: Special Considerations for Partial Interests in Power Production,” published in IDEA District Energy Magazine’s “From a Legal Perspective” section.

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Page Arizona: A Town Built By Public Power

Highlighted in this week’s Public Power Magazine is a nice article about Page, Arizona. Jennings Strouss is proud to have a long-standing relationship with “The Town Public Power Built.” Read the article Author Credit: D’Alessandro, Laura. “The Town Public Power Built.” Public Power Magazine 71.8. (Nov. 2013): n. pag. Web…

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FERC Delays Q3 2013 Electronic Quarterly Reports

On October 10, 2013, the Federal Energy Regulatory Commission issued an order directing all public and non-public utilities not to file their Electronic Quarterly Reports for the third quarter of 2013 until further notice because the web-based EQR filing system is not yet available. FERC will issue a public notice…

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Defining the Bulk Electric System

A Difficult Process Approaches a Critical Deadline A low profile, but very significant, process involving the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC) and participants in the electric utility industry is approaching a critical time point. Driven by FERC directive and timeline, NERC and the…

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FERC Staff Present Gas-Electric Coordination Quarterly Report at Commission Open Meeting

On September 19, 2013, the staff of the Federal Energy Regulatory Commission (FERC) issued its Gas-Electric Coordination Quarterly Report to the Commission in Docket No. AD12-12 covering the period June 2013 through August 2013. The staff also presented the FERC Commissioners with a quarterly update on the same period. The report and the update…

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Jennings Strouss Attorneys Will Present at Upcoming APPA Legal Seminar

Jennings, Strouss & Salmon attorneys will be presenting at the upcoming APPA Legal Seminar held on October 20-23, 2013 in Seattle, WA. APPA’s Legal Seminar is an educational and professional development opportunity for attorneys as well as senior and mid-level utility managers and elected and appointed officials who oversee utility…

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Arizona Rejects Electric Industry Restructuring

Arizona deregulated its electric industry in the late 1990s, along with a number of other states.  Fortunately for Arizona the 2000 meltdown in California stopped Arizona’s efforts at deregulation in its tracks.  In 2002 the Arizona Corporation Commission undid a key component of deregulation, the divestiture of generation by the…

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FERC Confirms That Non-Jurisdictional Contract Rates Are Not Pass-Through Rates Subject To FERC’s Jurisdiction

On July 26, 2013 the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued three orders (“July 2013 Orders”)[1] in the context of East Kentucky Power Cooperative’s (“EKPC”) integration into PJM Interconnection, LLC (“PJM”) (Docket Nos. ER13-1177-000 et.al, ER13-1570-000 and EL13-68-000). The July 2013 Orders, the Commission reaffirmed that the concept…

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CFTC Reporting Obligations Begin for End-Users Engaging in Energy Commodity Swaps

There are three basic types of transactional reporting requirements imposed by the Commodity Futures Trading Commission (“CFTC”) in regulations implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), including reporting of: (1) historical swaps; (2) new swaps; and (3) commodity trade options.  Following the issuance of temporary…

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29 Jennings Strouss Attorneys Recognized in 2014 edition of Best Lawyers in America®

PHOENIX, Ariz. (August 20, 2013) – Jennings, Strouss & Salmon, a leading Phoenix-based law firm, is pleased to announce that 29 of the firm’s attorneys have been selected for inclusion in the Best Lawyers in America® 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, SC): Gerald W. Alston – Arbitration; Commercial…

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FERC Issues Notice of Proposed Rulemaking as Part of Efforts to Coordinate Natural Gas and Electric Markets

On July 18, 2013, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking as part of its ongoing exploration of coordination between natural gas and electricity markets

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FERC Schedules a Staff Technical Conference on California’s Reliability Issues

The Federal Energy Regulatory Commission (“FERC” or “Commission”) will hold a Technical Conference on July 31, 2013, in Sacramento (California), to discuss reliability issues arising from the California Independent System Operator’s (“CAISO”) proposal to implement a flexible capacity and local reliability resource retention (“FLRR”) mechanism, which was filed with FERC…

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Jennings, Strouss & Salmon Expands Phoenix and D.C. Offices With Addition of Three Attorneys

Phoenix (July 8, 2013) – Jennings, Strouss &  Salmon, PLC, a leading Phoenix-based law firm, is pleased to announce  that Steven J. Kalish, John C. Norling and Ryan Womack have joined the  firm. “We are very pleased to welcome Steve, John, and Ryan to the firm,” stated J. Scott Rhodes,…

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Marrying Apples and Oranges: A High-level Look at the Evolving Natural Gas Industry and Electric Industry Coordination

By Daniel E. Cooper, P.E. A Change in the Electric Industry Affects the Natural Gas industry A combination of changes in environmental regulations and economic factors is driving a change in the electric utility industry.  While coal has historically been the predominant fuel for electric generation in most parts of…

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Dick Silverman Joins the O’Connor House Board of Directors

  Phoenix (June 17, 2013) – Jennings, Strouss & Salmon, a leading Phoenix-based law firm, is pleased to announce that Dick Silverman has joined the O’Connor House Board of Directors. The O’Connor House’s mission is to continue the enduring legacy of Justice Sandra Day O’Connor, while building partnerships and collaborations…

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Jennings Strouss Attorneys Recognized in 2013 Washington DC Super Lawyers®

Washington, D.C. (May 10, 2013) – Jennings, Strouss & Salmon, PLC announced that Debra D. Roby, Joel L. Greene, Alan I. Robbins and Deborah A. Swanstrom have been listed in the 2013 Washington DC Super Lawyers® in the area of Energy and Natural Resources. Roby is Chair of the firm’s…

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FERC to Host Meeting on Coordination Between Natural Gas and Electric Markets in Organized Electric Markets

  On May 9, 2013, the Federal Energy Regulatory Commission (“FERC”) issued a public notice of a Commission meeting as part of its ongoing exploration of Coordination between Natural Gas and Electricity Markets. On May 16, 2013, from 1:30 p.m. to 3:30 p.m., a representative from each regional transmission organization…

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FERC’s Ruling on PJM’s Minimum Offer Pricing Rule Exempts Self-Supply LSEs

By Andrea I. Sarmentero Garzón On May 2, 2013, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order partially accepting PJM Interconnection, LLC’s (“PJM”) proposed Tariff changes to its Minimum Offer Price Rule (“MOPR”) subject to further compliance filings (“MOPR Order”). The current MOPR was adopted in 2011…

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Jennings Strouss Energy Attorney Deborah A. Swanstrom Featured in District Energy Magazine

Jennings Strouss energy attorney Deborah A. Swanstrom is featured in the Second Quarter 2013 edition of District Energy magazine in an article entitled, “Dodd-Frank Act Extends Beyond Wall Street to Main Street: Why you may need to report your fuel supply and electricity transactions.” Click here to read the full…

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Jennings Strouss to Attend APPA National Conference & Public Power Expo

In March, Jennings Strouss was proud to sponsor the American Public Power Association’s (APPA) Legislative Rally Breakfast. The event was attended by some 300 participants, including JSS attorneys Deb Roby, Al Robbins and Debbie Swanstrom. Jennings Strouss will also be a sponsor of the upcoming APPA National Conference & Public…

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SENATE ENERGY INQUIRES INTO NATURE OF FERC’S SECTION 5 NATURAL GAS ACT (NGA) INVESTIGATIONS

Over the last few years, various natural gas ratepayer groups have without success mounted a legislative effort to stop natural gas pipeline companies from over-recovering their costs. As discussed below, Capitol Hill may finally be listening. In 2012, the Natural Gas Supply Association released its annual study analyzing the cost…

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Jennings, Strouss & Salmon Expands Energy Practice: Energy Attorney Andrea I. Sarmentero Garzón joins the firm’s Washington, D.C. office

      Phoenix (March 12, 2013) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that Andrea I. Sarmentero Garzón has joined the firm’s energy practice as an associate in its Washington, D.C. office. “We are pleased to welcome Andrea to the firm’s…

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Conversion to Natural Gas: Navigating the legal hurdles

By Joel Greene and Elizabeth Teuwen, Attorneys, Jennings Strouss & Salmon PLC; and Jim Adams, PE, Director of Utilities, Cornell University Published in the first-quarter 2013 issue of District Energy by the International District Energy Association It is hard to ignore the growing popularity of natural gas. We are routinely bombarded…

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FERC’s Adoption of Revised Definition of Bulk Electric System Warrants Fresh Look at Company Compliance Programs

The Federal Energy Regulatory Commission (“FERC”) ended the year 2012 by approving a major new rule affecting electric industry compliance with mandatory reliability standards.  Specifically, on December 20, 2012, FERC issued a final rule revising the definition of the Bulk Electric System (“BES”) — which is a cornerstone for compliance…

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FERC Provides Guidance on Use of Transmission Incentives

The Federal Energy Regulatory Commission (FERC) recently issued a policy statement providing further guidance on criteria it will use in determining when a proposed transmission project will be eligible for incentive pricing or Return on Equity (ROE) incentive adders.  FERC released the guidance based on over 1,500 pages of comments…

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Two Jennings Strouss Attorneys Named in Washington, D.C. & Baltimore’s Best Lawyers® 2013

PHOENIX, Ariz. (December 10, 2012) – Jennings, Strouss & Salmon, PLC announced that two of its attorneys, Joel L. Greene and Alan I. Robbins, have been included in Washington, D.C. & Baltimore’s Best Lawyers® 2013 magazine, published by Woodward/White, Inc. of Aiken, South Carolina. The inclusion is based solely on…

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Joint Institute for Strategic Energy Analysis Releases New Report on Projected Fuel Mix for Electric Generation

The Joint Institute for Strategic Energy Analysis (“JISEA”) recently issued a report projecting an increase in the use of natural gas as a fuel for electric generation across five different scenarios. JISAE is a partnership between the U.S. Department of Energy’s National Renewable Energy Laboratory, the University of Colorado-Boulder, the…

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FERC Orders Additional Technical Conferences on Coordination Between Natural Gas and Electricity Markets

In August of this year, FERC convened five regional technical conferences to address a number of issues implicated by the growing need to coordinate the natural gas and electric industries. On November 15, 2012 FERC issued an order further addressing the issues raised by these technical conferences and concluded that…

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FERC Institutes Two More Investigations into Possible Pipeline Over-Recoveries of Cost of Service

On November 15, 2012, the Federal Energy Regulatory Commission (“FERC”) initiated separate investigations, pursuant to its Section 5 authority under the Natural Gas Act, to determine whether the rates currently charged by Viking Gas Transmission Company and Wyoming Interstate Company, LLC (“WIC”) are just and reasonable. These orders follow eight…

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APPA-NRECA Expert Confirms Skepticism of Western Energy Imbalance Market

A study performed for APPA and NRECA confirms that those that have been skeptical of the benefits of a proposed energy imbalance market in the Southwest, as is being urged by DOE Secretary Chu and the Western Area Power Administration, have good reason to be skeptical.  According to the study,…

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FERC Announces Technical Conference on Filing Electric Quarterly Reports

On December 12, 2012, the Federal Energy Regulatory Commission staff will hold a technical conference explaining recent changes to Electric Quarterly Reports (“EQRs”) issued in Order No. 768. The morning session of the technical conference will focus on information for new filers, and the afternoon session will focus on changes…

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APPA Panel Discussion with Energy Attorney Alan Robbins

Alan I. Robbins, an energy attorney in the Washington, D.C. office of Jennings, Strouss & Salmon, participated on a panel of legal experts presenting on practicing law before the Federal Energy Regulatory Commission (FERC) at the 2012 American Public Power Association (APPA) Legal Conference held October 14-17th in Washington DC….

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Wyandotte, Michigan Receives “Innovator Award” For Geothermal Energy System

Wyandotte Municipal Services (WMS) has earned the 2012 Energy Innovator Award from the American Public Power Association for its Geothermal Energy system, first made available to WMS electric customers in 2010.  Residential and commercial customers can elect to install ground source heat pumps that connect to a closed sub-surface water-circulation…

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US House and Senate Consider Companion Bills to Reduce Cost of Financing Renewable Energy Resources

The House and the Senate are each considering companion bills aimed at reducing the costs of financing renewable energy projects.  In the Senate, Chris Coons (D-Del) introduced on June 7 the Master Limited Partnerships Parity Act.  A bipartisan effort with Senator Jerry Moran (R-KS) and five others, this legislation would…

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FERC Schedules Five Regional Technical Conferences on Natural Gas-Electric Coordination

FERC has announced the schedule for five regional conferences being held in August to address the coordination between the natural gas and electric industries.  (See list of dates and locations below.)  These technical conferences are part of FERC’s continued efforts to assess whether and to what extent it needs to…

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FERC Issues Final Rule Concerning Integration of Variable Energy Resources

By Debra Roby, Alan Robbins and Alan Rukin On June 22, 2012, the Federal Energy Regulatory Commission (“Commission”) issued Order No. 764, a final rule (“Final Rule”) approving changes to the pro forma Open Access Transmission Tariff (“OATT”) and Large Generator Interconnection Agreement (“LGIA”) concerning integration of Variable Energy Resources,…

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FERC Announces Conferences on Gas-Electric Coordination

By Elizabeth Teuwen On June 21, 2012, Chairman Wellinghoff announced that FERC would hold regional technical conferences to address the coordination of the natural gas and electric industries.  These technical conferences are part of FERC’s continued efforts to assess whether and to what extent it needs to take formal action…

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2012 APPA National Conference’s Public Power Expo Photos

2012 APPA National Conference gold level sponsor, Jennings Strouss, photographed the opening day of the Public Power Expo. More than 1,000 public power leaders networked with more than 120 public power industry suppliers, vendors and consultants and learned about the innovative companies that can help public power utilities succeed.  

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