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

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

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…

Continue reading

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…

Continue reading

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…

Continue reading

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…

Continue reading

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…

Continue reading

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…

Continue reading