Category Archives: FERC

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FERC Prevails Again in Order No. 1000 Appellate Proceedings

3D Electric power lines over sunriseOn April 19, 2017, the U.S. Court of Appeals for the D.C. Circuit unanimously upheld the Federal Energy Regulatory Commission’s (FERC) implementation of Order No. 1000 with respect to ISO-New England (ISO-NE). The D.C. Circuit had previously upheld the legality of the order itself in 2014, and the Seventh Circuit upheld FERC’s implementation of Midcontinent … Continue Reading

FERC Issues Fast-Start Resources NOPR

Evening power stationOn December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) in Docket No. RM17-3-000 regarding fast-start resources operating in markets run by independent system operators (ISOs) and regional transmission organizations (RTOs). Specifically, the NOPR addresses the manner in which ISOs and RTOs should incorporate offers from fast start-resources … Continue Reading

FERC Issues Orders Concerning NERC Critical Infrastructure Protection Reliability Standards

Row of columns in black and white (Karlovy Vary, Czech Republic)On June 21, 2016, the Federal Energy Regulatory Commission (FERC or Commission) issued three orders related to the North American Electric Reliability Corporation’s (NERC) critical infrastructure protection reliability standards (CIP reliability standards). The Commission issued a final rule directing NERC to develop a new or modified reliability standard, an Order Denying Rehearing and a Notice … Continue Reading

FERC Issues NOPR on Information Collection, Rescinds Previous Iterations of Rule

SPOT_iStock_000046712904_Large_BWOn July 21, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) in Docket No. RM16-17-000 to revise regulations regarding the collection of data for analytics and surveillance purposes from market-based rates (MBR) sellers and entities trading virtual products or holding financial transmission rights (Virtual/FTR Participants). FERC also withdrew two … Continue Reading

FERC Issues Policy Statement Clarifying Hold Harmless Commitments Under FPA § 203

Magnifying glass and stack of documents.On May 19, 2016, the Federal Energy Regulatory Commission (FERC or Commission) issued a Final Policy Statement clarifying FERC’s implementation of hold harmless commitments in Federal Power Act (FPA) Section 203 applications seeking change of control authorization. The Final Policy Statement largely tracks a Proposed Policy Statement that was issued in January of 2015. For … Continue Reading

CFTC and EPA sign Memorandum of Understanding on Renewable Fuel Markets

Unrecognizable business people shaking hands.A slowly developing renewable fuels market, several well-publicized fraud cases, and EPA’s delayed volumetric designations that frustrated industry participants have led EPA and the CFTC to a new era of cooperation. On March 17, 2016, the Commodity Futures Trading Commission (CFTC) and the Environmental Protection Agency (EPA) announced that they would share Renewable Fuel Standard … Continue Reading

Small Generators May Soon Be Required to “Ride Through” System Disturbances

Power generator steam turbine during repair, machineryThe Federal Energy Regulatory Commission (FERC) has issued a Notice of Proposed Rulemaking (NOPR) to revise its pro forma Small Generator Interconnection Agreement (SGIA). The new rule would require small generators (those that are 20 MW or less) to “ride through” through or to stay connected to and synchronized with the transmission system during a … Continue Reading

FERC Issues a Notice of Inquiry on Primary Frequency Response

iStock_000079556673_Full_BWLast week, the Federal Energy Regulatory Commission issued a Notice of Inquiry (NOI) seeking comment on the need for reforms regarding the provision of and compensation for primary frequency response. The NOI notes that fewer generation resources may currently be providing primary frequency response than in the past. The Commission expects this trend to continue … Continue Reading

FERC Proposes to Ease Reporting Obligations for Market Based Rate Sellers

Investigate and analyze.Since the issuance of Order No. 697-A, FERC has required market based rate sellers to include a comprehensive description of all upstream owners. In its latest notice of proposed rulemaking, FERC recognizes that the level of upstream ownership related detail currently required is not essential to a determination of the seller’s market power. FERC also … Continue Reading

FERC Focuses On Regional Distinctions In Order Addressing MISO Resource Adequacy Proposals

juridical concept with hammer and lawbook, selective focus on metal part,toned f/xLate last month, FERC issued its Order on Rehearing[1] affirming a 2012 order conditionally approving MISO’s proposal to improve the deliverability of capacity resources.  Among other things, FERC upheld its earlier rejection of portions of MISO’s initial proposal to make its Planning Resource Auction mandatory and subject to a minimum offer price rule (MOPR). FERC’s … Continue Reading

FERC Issues Proposal to Require Wind Generators to Provide Reactive Power

wind farm in silhouette at sunset, panoramic frameOn November 19, 2015 the Federal Energy Regulatory Commission (Commission) issued a proposal titled “Reactive Power Requirements for Non-Synchronous Generation.” In this proposal, the Commission proposes to revise standard generator interconnection agreements (GIAs) to eliminate the exemptions for non-synchronous generation, including wind generators, from the requirement to provide reactive power.… Continue Reading

FERC Terminates Proceeding Regarding Increased Reporting of Natural Gas Sales

iStock_000002040073_LargeOn November 17, 2015, FERC issued an order terminating a proceeding (Docket No. RM13-1) in which it had issued a Notice of Inquiry (NOI) proposing to substantially increase the reporting requirements applicable to sellers that make certain types of wholesale sales of natural gas. The NOI was issued on November 15, 2012 and proposed to … Continue Reading

Update on FERC Notice of Proposed Rulemaking (NOPR) Regarding RTO/ISO Collection of Uniform Organized Market Participant Data

iStock_000059413380_MediumThis updates our September 28, 2015 report on FERC’s NOPR to require “market participants” in RTO and ISO organized electricity markets to obtain a Legal Entity Identifier (LEI), an alpha-numeric identifier issued through the Global LEI System, and to provide information regarding their “Connected Entities” to the RTO/ISO in which they operate. Our September 28 … Continue Reading

FERC Issues Notice of Proposed Rulemaking (NOPR) Regarding RTO/ISO Collection of Uniform Organized Market Participant Data

Abstract background of futuristic technologyIntroduction FERC’s September 17, 2015 notice of proposed rulemaking (NOPR) in Docket No. RM15-23-000 would impose significant information-gathering requirements on participants in markets operated by Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs). The rule would require each market participant to obtain a Legal Entity Identifier (LEI) and to report its LEI and extensive … Continue Reading

FERC Issues Notice of Proposed Rulemaking Regarding RTO/ISO Pricing Formation

Electric power linesOn September 17, 2015, FERC issued a notice of proposed rulemaking (NOPR) regarding settlement intervals and shortage pricing in regional transmission organization (RTO) and independent system operator (ISO) real time electricity markets. The NOPR states FERC’s preliminary finding that RTO/ISO real time use of different time intervals for the dispatch (e.g., five minutes) and the … Continue Reading

FERC Eliminates Paper Copy Requirement for Trial Exhibits

iStock_000037552340_LargeOn June 18, 2015, the Federal Energy Regulatory Commission eliminated the requirement in Rule 508 of the Commission’s Rules of Practice and Procedure, 18 CFR 385.508, that paper copies be provided of all exhibits introduced as evidence in Commission trial-type evidentiary hearings.  The final rule eliminating this requirement was issued as Order No. 811 in … Continue Reading

Natural Gas Act Does Not Pre-empt State Antitrust Laws

gas pipe lineLast week, the U. S. Supreme Court handed down an important decision on the jurisdictional reach of the Natural Gas Act (NGA).  The Court concluded that the NGA does not pre-empt a long-running group of state-law antitrust suits aimed at alleged misconduct by natural gas pipelines. In Oneok, Inc. et al. v. Learjet, Inc. et … Continue Reading

FERC Issues Final Order on Gas Day NOPR

iStock_000013902890_FullThe Federal Energy Regulatory Commission (FERC or Commission) last week released its final rule, Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities, 151 FERC ¶ 61,049 (2015) designated as Order No. 809, in docket RM14-2.  In Order No. 809, the Commission took action on the Notice of Proposed Rulemaking (NOPR) … Continue Reading

FERC Issues Order to Show Cause and Notice of Proposed Penalty to City Power Marketing, LLC and K. Stephen Tsingas

iStock_000059181816_LargeOn March 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Order) to City Power Marketing, LLC and K. Stephen Tsingas (jointly, Respondents). The Order requires the Respondents to show cause why they should not be found to have violated the Federal Power Act and … Continue Reading

FERC Upholds New ROE Method in Opinion No. 531-B

steel pipes in crude oil factoryINTRODUCTION FERC’s Opinion No. 531-B, issued March 3, 2015 (150 FERC ¶ 61,165) upheld FERC’s earlier rulings, Opinion Nos. 531 and 531-A, regarding the return on equity (ROE) the New England Transmission Owners (NETOs) should be allowed to charge through their transmission formula rates. Among other things, FERC affirmed its reliance on discounted cash flow … Continue Reading

Powhatan Forcefully Responds to FERC’s Order to Show Cause

Stock chart and glassesClarification: This blog post has been updated to reflect the fact that the Respondents have made an election to pursue this matter, on a de novo basis, in federal district court. On February 2, 2015, Powhatan Energy Fund, LLC, HEEP Fund, Inc., CU Fund Inc., and Houlian (Alan) Chen (jointly Respondents) filed answers to the … Continue Reading

D.C. Circuit Issues Opinion on Jurisdiction Under Section 210 of PURPA

On December 2, 2014, the D.C. Circuit issued its decision in Midland Power Cooperative and National Rural Electric Cooperative Association v. Federal Energy Regulatory Commission, No. 13-1184, finding that it does not have jurisdiction to review Federal Energy Regulatory Commission (FERC) decisions under Section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA). … Continue Reading