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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DOE Requires FERC to Consider Rule Promoting Grid Resiliency by Providing Coal and Nuclear Plant Subsidies

On September 29, 2017, Energy Secretary Rick Perry directed the Federal Energy Regulatory Commission (FERC) to initiate a rulemaking that could result in major subsidies for coal fired and nuclear powered electric generators in RTO markets. The Secretary argues that wholesale electricity markets are not properly compensating coal and nuclear…

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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….

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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,…

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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…

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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.

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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).

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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.

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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 −…

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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).

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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…

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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”).

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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…

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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…

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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 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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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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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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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 & 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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