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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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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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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Pricing Electric System Reliability in MISO

There have recently been two significant Orders from the Federal Energy Regulatory Commission (“FERC”) concerning System Support Resources (“SSRs”) for the Midcontinent Independent System Operator (“MISO”).

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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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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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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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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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