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Fourth Circuit Vacates National Park Ser...

By Joel L. Greene, Gerit F. Hull and Andrea I. Sarmentero Garzón In another blow to 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 capricious the National Park Service’s (NPS’s) right-of-way permit that...

FERC Weighs Tax Policy Changes in Wake o...

On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) in Docket No. PL17-1, seeking comments on how to address any double recovery that may result from its tax allowance and rate of return policies in light of the ruling in United Airlines, Inc. v. FERC, 827 F.3d 122 (D.C. Cir. 2016). See Inquiry Regarding the Commission’s Policy for...

FERC Reacts to First Pipeline Modernizat...

As reported in our prior blogs, on November 2014, the Federal Energy Regulatory Commission (FERC) proposed a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities in Docket No. PL15-1 that would allow interstate pipelines that meet certain criteria to recover the costs of modernizing their facilities through an approved cost tracker or surcharge...

FERC Proposes Policy on Cost Recovery fo...

              Following its open meeting on November 20, 2014, the Federal Energy Regulatory Commission (“FERC”) is seeking comments on a proposed new policy statement (PL15-1-000) that will outline the standards interstate natural gas pipelines must satisfy in order to recover the costs of modernizing their facilities and infrastructure. Once...

FERC Issues Show Cause Order to Intersta...

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 are in full compliance. Under Order No. 636-A, pipelines must post...

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