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FERC Conditionally Approves Risk-based E...

  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 of industry...

D.C. Circuit Decision Brings Uncertainty...

              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 − and that seek to be...

FERC Requests Industry Input on Gas-Elec...

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 Interstate Natural Gas...

The CFTC Grants Temporary Regulatory Rel...

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 August 31, 2014 or when the CFTC issues its final order on SPP’s...

Arizona Rejects Electric Industry Restru...

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 incumbent utilities.  In 2004 the Arizona courts...

FERC to Host Meeting on Coordination Bet...

  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 and independent system operator will present information...

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