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…

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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…

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FERC Issues Orders in Cases Involving Rates for Transmission Service, Wholesale Power Rates, and Competition in RTO Markets

By: Gerit Hull, Gary Newell, and Andrea Sarmentero Garzon The following are summaries of recent orders issued by FERC in four proceedings in which Jennings Strouss was involved.  The proceedings involve rates for transmission service, wholesale power rates, and competition in RTO markets.  The Commission denied a request for a…

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Issue of Coordination with Affected Systems Rises to Forefront at FERC

By: Deborah Swanstrom* The issue of coordination with Affected Systems has long been a proverbial “elephant in the room” when generation project developers request interconnection service from a Transmission Provider and the interconnection may impact neighboring systems. The Federal Energy Regulatory Commission (FERC) largely side-stepped the issue when it originally…

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FERC Issues Final Rule Requiring RTOs to Provide for Participation of Electric Storage Resources in Organized Markets

On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 841, Electric Storage in Markets Operated by Regional Transmission Organizations and Independent System Operators. Order No. 841 requires tariff reforms in order to facilitate the participation of electric storage resources in capacity, energy, and ancillary services markets…

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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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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

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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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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…

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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…

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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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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

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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.

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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…

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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…

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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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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…

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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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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…

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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…

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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…

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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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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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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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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 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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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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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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Public Power Law Firm Hosts Client Dinner at 2012 APPA National Convention

Public power law firm, Jennings Strouss, hosted a client appreciation dinner at the Space Needle, in Seattle, Washington, Sunday, June 17th, 2012. Jennings Strouss is a gold level sponsor of the 2012 APPA National Convention. The APPA National Conference helps utility leaders and policymakers connect with industry leaders, partners and…

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BIA, Tribe Seek To Stall Approval of Hydro Power

The Bureau of Indian Affairs told the Federal Energy Regulatory Commission on Wednesday to hold off on granting a preliminary permit for a proposed 2,000- megawatt pump storage hydroelectric project in Arizona, citing concerns about impacts to endangered species and water supplies. The BIA and the Yavapai-Apache Nation echoed concerns…

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FERC Clarifies Treatment of Pipeline’s Discount-Type Adjustments for Negotiated Rates

By Joel L. Greene In an order on rehearing issued March 15, 2012 in Texas Gas Transmission, LLC, 138 FERC ¶ 61,175, the Federal Energy Regulatory Commission (“FERC”) took the opportunity to reiterate, and in light of overly broad precedent, clarify the conditions a pipeline must satisfy in order to…

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Electrovaya Delivers 1.5 MWh Lithium Ion Battery-Based Energy Storage System to Arizona Public Service Company

TORONTO, ONTARIO, Feb 23, 2012 (MARKETWIRE via COMTEX) — Electrovaya Inc. today announced that it has delivered a 1.5MWh capacity Lithium Ion SuperPolymer(R) Battery Energy Storage System (“BESS”) to Arizona Public Service Company, that state’s largest electric utility. The BESS will be providing energy storage for a pilot program to…

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FERC Proposes to Update Standards for Business Practices for Interstate Gas Pipelines

The Federal Energy Regulatory Commission (FERC) is seeking public comment on a proposal that would benefit the wholesale gas market by updating and improving standards for business practices of interstate natural gas pipelines. FERC today issued a proposed rule that would amend its regulations to incorporate by reference, with certain…

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Energy Secretary Steven Chu Visits Thermal Energy Corporation

Secretary Chu Tours State of the Art CHP and District Energy System Serving Texas Medical Center in Houston Houston, Texas (PRWEB) February 3, 2012 – Energy Secretary Steven Chu is traveling across the country to highlight President Obama’s State of the Union address and affirm the Obama Administration’s commitment to…

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SRP, ASU Partner on 1-Megawatt Solar Power Plant

First Commercial SunPower C7 Tracker Installation MESA, Ariz.– Salt River Project (SRP), Arizona State University (ASU) and SunPower Corp. (NASDAQ: SPWR) today announced an agreement to build a 1-megawatt solar photovoltaic power plant at ASU’s Polytechnic campus in Mesa, Ariz. The 1-megawatt facility will be the first commercial deployment of…

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