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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Energy Companies Need to Ready Themselves for New CFTC Position Limits Regime

A recent public statement by Timothy Massad, the Chairman of the Commodity Futures Trading Commission (“CFTC” or “Commission”) indicates that the CFTC still plans to finalize its position limits rule before the end of the year. The rule, which is many years in the making, has taken multiple forms since…

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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 issue of District Energy Magazine. Read the full article: FERC in the crossfire as PURPA debate heats up

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New Federal Reserve Board Rule Demonstrates Why Electric Utilities Must Expand Their Monitoring and Compliance Programs Beyond FERC

    Electric utility compliance programs typically cover regulatory requirements imposed by the Federal Energy Regulatory Commission (“FERC”) under the Federal Power Act or Natural Gas Act and, more recently, by the Commodity Futures Trading Commission (“CFTC”) under the Dodd-Frank Act.  Regulations issued by those two commissions are monitored closely….

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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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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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CFTC Revamps Its Swap Data Reporting Regulations

        The Commodity Futures Trading Commission (CFTC) is proposing amendments to its Part 45 swap data reporting regulations related to cleared swaps. The amendments primarily affect swap data repositories (SDRs), derivatives clearing organizations (DCOs), designated contract markets (DCMs), swap execution facilities (SEFs), swap dealers (SDs), and major…

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Joel L. Greene and Melissa A. Alfano Featured in District Energy Magazine

              Jennings, Strouss & Salmon energy attorneys, Joel L. Greene and Melissa A. Alfano, are featured in the latest edition of District Energy magazine. Read the full article: FERC Issues Order to Improve Gas-Electric Coordination

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CFTC Plans To Lighten Regulatory Burdens on End-Users Trading Commodity

          On April 30, 2015, the Commodity Futures Trading Commission (“Commission” or “CFTC”) issued a notice of proposed rulemaking to amend its commodity trade option regulation. The proposed changes are intended to reduce recordkeeping and reporting obligations for physical commodity option transactions between commercial end-users which…

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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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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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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 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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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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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 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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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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Jennings Strouss Attorneys Recognized in 2012 Washington DC Super Lawyers®

Jennings, Strouss & Salmon, PLC announced that Debra D. Roby, Joel L. Greene and Alan I. Robbins have been listed in the 2012 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…

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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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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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FERC, NARUC Launch Forum on Reliability, Environment

WASHINGTON—Federal and State energy regulators will launch a Forum to explore reliability issues stemming from new and pending environmental rules for the power sector. The Forum, consisting of membership from the Federal Energy Regulatory Commission (FERC) and the National Association of Regulatory Utility Commissioners (NARUC), will coincide with NARUC’s three…

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Video: American Public Power Association 2011 Conference in Washington, D.C.

June 19, 2011 the American Public Power Association hosted its annual conference in Washington, D.C..  Energy law firm, Jennings, Strouss & Salmon was a sponsor. The APPA National Conference helps utility leaders and policymakers connect with industry leaders, partners and peers while learning about the complex issues facing public power utilities….

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The ABCs of RECs

District Energy Magazine Alan I. Robbins 1.24.11 Editor’s Note: “From a Legal Perspective” appears in each edition of District Energy magazine to address legal issues of current importance to the district energy industry. It is intended for educational purposes only and does not constitute legal advice. Getting credit for the production…

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