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FERC Law Updates
Presentation | Speech
Stephen Spina
LawFlash/Client Alert | Energy LawFlash
Glen Bernstein, Pamela Tsang
Industry comments requested on procedures for considering the reliability impacts of generator outages and retirements.
Presentation | Speech
Mark Haskell
LawFlash/Client Alert | Energy Transactions LawFlash
Stephen Kinney, Jr., Thomas Giblin, Jr.
Utility and other energy companies that have publicly held securities outstanding need to consider SEC disclosure requirements if they plan to redeem these securities.
Presentation | Webinar
Steven Luxton, Andrew Knuth, W. Nes
The third and final part of our webinar series on hydraulic fracturing, "Private Litigation and Hydraulic Fracturing," discussed private litigation surrounding fracking, including tort and commercial lawsuits. Topics covered i... more
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Glen Bernstein, Pamela Tsang, John McGrane
On December 7, the Federal Energy Regulatory Commission (Commission) used its authority under Section 211A of the Federal Power Act to direct Bonneville Power Administration (BPA) to submit a revised Open Access Transmission Tar... more
Presentation | Webinar
Ronald Tenpas, Alex Polonsky
The second part of our webinar series on hydraulic fracturing, "Regulatory, Enforcement, and Legislative Trends in Hydraulic Fracturing," discussed past, present, and expected future congressional and federal agency efforts to ... more
LawFlash/Client Alert | Energy LawFlash
Mark Haskell, Levi McAllister, Pamela Tsang, Brett Snyder
On October 24, the United States Court of Appeals for the Fifth Circuit in Texas Pipeline Association v. Federal Energy Regulatory Commission [1] held that the Federal Energy Regulatory Comm... more
Presentation | Webinar
Brett Snyder
In this webinar, Morgan Lewis of counsel Brett Snyder discussed Federal Communications Commission (FCC) regulation of electric and natural gas utilities. The webinar covered the FCC’s pre-approval requirements for tran... more
Presentation | Speech
Alex Polonsky
LawFlash/Client Alert | Energy LawFlash
Mark Haskell, Fred Fielding, Levi McAllister
On October 18, the Commodity Futures Trading Commission (CFTC) issued a Final Rule codifying regulations that establish limits on speculative positions in 28 physical commodity futures contracts traded pursuant to the rules of a... more
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, J. Daniel Skees, John McGrane
On October 13, the U.S. Securities and Exchange Commission (SEC) issued disclosure guidance[1] related to cybersecurity risks and costs that may have far-reaching impacts on electric utilitie... more
Presentation | Speech
Stephen Spina
topics: CANs vs. Requests for Interpretation; cyber security (CIP) compliance; relay maintenance and testing; NERC's proposed "find and fix" proposal; NERC alerts
Presentation | Webinar
Ronald Tenpas, Alex Polonsky
The first part of our webinar series on hydraulic fracturing, "Hydraulic Fracturing—What You Need to Know," provided a brief summary of the technical process for fracking along with an overview of the many rules that se... more
LawFlash/Client Alert | Energy LawFlash
Esther Park, Alex Polonsky
Today, the U.S. Department of Energy (DOE) published proposed changes to its export control regulations in 10 C.F.R. Part 810-the first substantive changes to Part 810 since 1986. The current Part 810 regulations are remnants o... more
Presentation | Webinar
Floyd Norton, IV, Stephen Spina, John McGrane
On August 18, 2011, Morgan Lewis partners John McGrane, Floyd L. Norton, IV, and Steve Spina discussed FERC's Final Rule on Transmission Planning and Cost Allocation in a Morgan Lewis webinar. Issued July 21, this rulemaking will... more
Presentation | Speech
Mark Haskell
Outside Publication | Article
Ronald Tenpas, Alex Polonsky
Outside Publication | Article
Kathryn Sutton, Stephen Burdick
Presentation | Webinar
Stephen Spina, Mark Haskell
FERC has relied on Form 2 data to initiate proceedings under Section 5 of the Natural Gas Act (NGA) to change prospectively the transmission rates of natural gas companies. In the coming years, FERC may start taking a similar app... more
Outside Publication | Article
Mark Haskell, Levi McAllister
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Mark Haskell, George Billinson, John McGrane
On April 21, 2011, the Federal Energy Regulatory Commission (FERC) issued an Order Affirming Initial Decision and Ordering Payment of Civil Penalty in connection with an Administrative Law Judge's (ALJ) Initial Decision that a n... more
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, J. Daniel Skees, John McGrane
On March 17, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order denying rehearing of Order No. 743, in which the Commission had directed the North American Electric Reliability Corporation (NERC) t... more
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, J. Daniel Skees, John McGrane
On March 17, 2011, the Federal Energy Regulatory Commission (Commission) issued an order affirming a notice of penalty filed by the North American Electric Reliability Corporation (NERC) regarding an alleged violation of Reliabi... more
LawFlash/Client Alert | Energy LawFlash
Floyd Norton, IV, Stephen Spina
On February 17, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Proposed Rulemaking to ensure just and reasonable compensation for the procurement of frequency regulation service in the Regio... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On February 17, in Docket No. RM11-9-000, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking information on locational exchanges of electric power and comments on whether and under what circ... more
Presentation | Webinar
Joseph Hall, Floyd Norton, IV
A combination of energy and environmental public policy initiatives has driven the rapid growth of variable energy resources (VERs) in the United States in recent years. The variability of VER generation output, however, makes ... more
Presentation | Speech
Joseph Hall, Floyd Norton, IV
Outside Publication | Article
Kenneth Kulak, Michael Connolly
Presentation | Speech
Floyd Norton, IV, Stephen Spina, Mark Haskell
Outside Publication | Article
Christopher McAuliffe
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
Setting the stage for what promises to be a blockbuster environmental case, the U.S. Supreme Court on December 6 agreed to hear a challenge to a Second Circuit decision allowing plaintiffs to maintain a public nuisance lawsuit a... more
Outside Publication | Article
Timothy Matthews, Esther Park, Jay Gutierrez
Outside Publication | Article
Stephen Spina, Levi McAllister
Presentation | Speech
Mark Haskell
LawFlash/Client Alert | Energy LawFlash
Energy Practice
In an Order on Complaint issued November 18, the Federal Energy Regulatory Commission (Commission) made it clear that all long-term firm point-to-point transmission service must be provided pursuant to a transaction-specific ser... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
The Federal Energy Regulatory Commission (FERC or Commission), in an order released on November 18, has directed changes to the definition of the term "Bulk Electric System," a definition that determines which facilities are sub... more
LawFlash/Client Alert | Cross-Practice Alert
Alex Polonsky
On November 9, President Obama signed Executive Order 13558 requiring the Secretary of Homeland Security to create an interagency "Federal Export Enforcement Coordination Center" (Center). As its name implies, the Center will c... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On November 18, the Federal Energy Regulatory Commission (FERC) issued orders clarifying aspects of its policy on Return on Equity (ROE) determinations for electric transmission projects. FERC clarified its policy through order... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
In a Notice of Proposed Rulemaking (NOPR) issued on November 18 in Docket No. RM10-11-000, the Federal Energy Regulatory Commission (FERC) proposes several reforms to the pro forma Open Access Transmission Tariff (OATT) that a... more
Presentation | Webinar
Floyd Norton, IV, Stephen Spina
Morgan Lewis and Ernst & Young presented a joint webinar on structuring your company's compliance program to avoid repetitive reliability violations. Topics discussed included: How to avoid repeat violations of NE... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
The U.S. Commerce Department's Bureau of Industry and Security (BIS) recently issued a reminder to the industry regarding export requirements. This reminder, titled "Don't Let This Happen to You," includes examples of significa... more
LawFlash/Client Alert | Energy LawFlash
Alex Polonsky
On October 29, the U.S. Environmental Protection Agency (EPA) filed a motion to dismiss a lawsuit brought by the Independent Petroleum Association of America and the U.S. Oil & Gas Association (the Associations) under the Sa... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On October 28, the Federal Energy Regulatory Commission (Commission) issued an order approving a $2.7 million settlement relating to allegations that North America Power Partners (NAPP) engaged in fraudulent conduct in violation... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On October 21, the Federal Energy Regulatory Commission (FERC or Commission) denied rehearing of its ruling in Arizona Public Service Co. ( APS ), 132 FERC ¶ 61,064 (2010), where it announced that the prohibition against ... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On October 7, the North American Electric Reliability Corporation (NERC) issued a Recommendation to Industry (Recommendation) requesting that transmission owners review their current Facility Ratings Methodology for their transm... more
Presentation | Webinar
Stephen Mahinka, Michael Griffen
In this webcast, Morgan Lewis partners Michael C. Griffen and more
Outside Publication | Article
Mark Haskell, Levi McAllister
LawFlash/Client Alert | Energy LawFlash
Energy Practice
During last week's Open Meeting, the Federal Energy Regulatory Commission (FERC or Commission) firmly rebuffed challenges to its prior order directing the North American Electric Reliability Corporation (NERC) to revise its Rule... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On September 20, the Federal Energy Regulatory Commission (FERC) issued Order No. 739, Promoting a Competitive Market for Capacity Reassignment . Order No. 739 permanently lifts the price cap for transmission customers reassig... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On September 17, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Revised Policy Statement on Penalty Guidelines (Revised Policy Statement), 132 FERC ¶ 61,216 (2010), which addresses comments recei... more
Presentation | Speech
Alex Polonsky
Outside Publication | Article
John Matthews, Esther Park
Presentation | Speech
Alex Polonsky
LawFlash/Client Alert | Energy LawFlash
Energy Practice
In a Guidance Order issued on August 27, the Federal Energy Regulatory Commission (FERC or the Commission) provided guidance on how the North American Electric Reliability Corporation (NERC) and the Regional Entities responsible... more
Outside Publication | Article
Floyd Norton, IV, Stephen Spina
LawFlash/Client Alert | Securitization LawFlash
Business and Finance Practice
In recent months, we have alerted clients and friends to the possible new uses of utility securitization bonds in the face of rising capital costs related to, among other things, climate change legislation, renewable portfolio s... more
Presentation | Webinar
Stephen Spina, Joseph Lowell
Morgan Lewis's Energy Practice presented this webinar on FERC’s proposed rulemaking on transmission planning and cost allocation. Our panelists discussed issues relating to FERC’s proposed rulemaking, including t... more
Outside Publication | Article
Stephen Mahinka, Michael Griffen
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On July 6, the North American Electric Reliability Corporation (NERC) filed with the Federal Energy Regulatory Commission (FERC or the Commission) the first batch of Notices of Penalty describing violations of Critical Infrastru... more
Presentation | Speech
Alex Polonsky
Outside Publication | Article
Stephen Spina, J. Daniel Skees
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On June 17, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) in which it proposes to amend the transmission planning and cost allocation requirements for public utility transmission p... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On March 18, 2010, the Federal Energy Regulatory Commission (FERC or the Commission) issued several orders that portend a significant expansion of FERC control over the development and drafting of mandatory Reliability Standards... more
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Levi McAllister, John McGrane
On June 9, the U.S. House of Representatives passed the Grid Reliability and Infrastructure Defense Act (GRID Act), which is intended to strengthen the U.S. electrical grid against terrorist attacks, cyber threats, electromagnet... more
Presentation | Webinar
Stephen Spina, J. Daniel Skees
Morgan Lewis's Energy Practice presented this webinar on how to successfully prepare for NERC audits. Each year, the Regional Entities of the North American Electric Reliability Corporation (NERC) conduct audits of companies to d... more
Outside Publication | Article
J. Daniel Skees
Outside Publication | Article
Stephen Spina, J. Daniel Skees
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On May 13, the Environmental Protection Agency (EPA) issued a final rule (Tailoring Rule) that addresses Clean Air Act (CAA) permitting requirements for greenhouse gas (GHG) emissions. EPA's Tailoring Rule-the fourth action in ... more
Presentation | Speech
Mark Haskell
Presentation | Speech
Mark Haskell
Outside Publication | Article
Ingrid Myers, John Matthews
Presentation | Webinar
Floyd Norton, IV, Stephen Spina
Morgan Lewis's Energy Practice presented this webinar on the current issues in transmission development. The following topics were discussed: Necessary state and/or federal approvals for new transmission Rate incentive... more
Presentation | Speech
Alex Polonsky
LawFlash/Client Alert | Energy LawFlash
Energy Practice
In March 2010, ASTM International, one of the world's largest voluntary standards development organizations, released a standard guide, ASTM Standard E2718-10, Standard Guide for Financial Disclosures Attributed to Climate Chan... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On March 18, the Federal Energy Regulatory Commission (FERC or the Commission) issued a series of orders that represent significant modifications in the way mandatory Reliability Standards are developed and enforced by the North... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On March 18, the Federal Energy Regulatory Commission (FERC or the Commission) issued two orders with respect to the proposed Tres Amigas "Superstation" (or the Project). As proposed, the Project would consist of a three-way al... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On March 18, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Policy Statement on Penalty Guidelines (Penalty Guidelines) to assess civil penalties pursuant to the Commission's civil penalty authority t... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On March 18, in a Notice of Proposed Rulemaking (NOPR) likely to have wide-ranging effects on the planning of transmission systems across the United States, the Federal Energy Regulatory Commission (FERC) proposed to reject the ... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
The Nuclear Regulatory Commission (NRC) has proposed fining the Department of Veterans Affairs (DVA) $227,500 for causing 97 veterans to receive incorrect radiation doses for prostate cancer at the Veterans Affairs Medical Cente... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Earlier today, the Federal Energy Regulatory Commission (FERC) approved the implementation plan for Critical Infrastructure Protection (CIP) Reliability Standards compliance by nuclear generator owners and operators in the Unite... more
Outside Publication | Article
Chaka Keiller, Jonathan Fritts
Outside Publication | Article
Levi McAllister
Presentation | Webinar
Floyd Norton, IV, Michael Griffen
During this one-hour webinar discussion on integrating renewable energy resources into the transmission grid, our presenters discussed issues relating to the integration of variable generating resources, such as: Power syst... more
LawFlash/Client Alert | Securitization LawFlash
Business and Finance Practice
Since the 1990s, utility companies have used securitizations as a financing technique to recover costs that may not be includable in rate base. Initially, securitizations were used as a vehicle to allow utilities to recover thei... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On February 26, the Federal Energy Regulatory Commission (FERC or the Commission) for the first time initiated a review of a Notice of Penalty filed by the North American Electric Reliability Corporation (NERC) regarding the set... more
Outside Publication | Article
Mark Haskell
LawFlash/Client Alert | Cross-Practice Alert
Energy and FDA & Healthcare Practices
The New York Times recently published a series of articles that highlighted medical issues associated with excessive or incorrect radiation exposures in therapeutic applications. The articles suggest that, in many cases, the ... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On January 27, the Federal Register published a Notice of Inquiry (NOI) issued by the Federal Energy Regulatory Commission (FERC) on January 21, 2010 requesting comments from electricity industry participants regarding the int... more
Presentation | Webinar
Stephen Spina, Timothy Matthews, Charles Thebaud, Jr.
During this one-hour webinar, Energy attorneys from our Nuclear, FERC, and White Collar Practices highlighted some of the changes to our updated Guidance on Investigations and discussed how these can be applied on a practical lev... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On January 22, the Federal Energy Regulatory Commission (FERC) issued an Initial Decision determining that a former hedge fund trader violated FERC's Anti-Manipulation Rule. [1] The decision,... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On January 21, 2010, the Federal Energy Regulatory Commission (FERC) approved Technical Feasibility Exception (TFE) rules proposed by the North American Electric Reliability Corporation (NERC) applicable to certain Critical Infr... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Many investor-owned utilities in the United States rely upon a unique form of corporate financing-the open-ended mortgage indenture. Typically, these mortgage indentures create a lien on substantially all of the utility's real ... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On January 13, the U.S. Supreme Court determined, in an 8-1 decision, that energy rates challenged by non-contracting parties are presumed to be just and reasonable, and may only be set aside if the rates seriously harm the publ... more
Presentation | Webinar
Stephen Spina, Levi McAllister
In Order No. 714, FERC mandated that all entities begin submitting tariffs and related agreements electronically. This directive departs from a long-established policy of submitting hard copies of tariffs and related agreements f... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On January 11, the Nuclear Regulatory Commission (NRC) and the North American Electric Reliability Corporation (NERC) published a Memorandum of Understanding (MOU) regarding the enforcement of NRC cyber security regulations and ... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On December 30, 2009, the U.S. Environmental Protection Agency (EPA) issued an advance notice of proposed rulemaking (ANPR) that identified three industry sectors for which the agency will develop new financial assurance require... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On December 17, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order and a Policy Statement revising its existing policies on the enforcement of its jurisdictional statutes, orders, and regulations. ... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Yesterday, the Federal Energy Regulatory Commission (FERC) issued an order directing the North American Electric Reliability Corporation (NERC) to modify and clarify certain aspects of the proposed implementation plan for the ap... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On December 4, the Department of Energy (DOE) issued a new rule with respect to loan guarantees for energy projects that employ innovative technologies, revising the rule that had been in effect since October 23, 2007. This new... more
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On December 7, the Environmental Protection Agency (EPA or Agency) announced that six greenhouse gases taken in combination endanger both public health and welfare. The Agency also found that the combined emissions of these gre... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
The Federal Energy Regulatory Commission (FERC or the Commission) has determined that it does not have jurisdiction over the owners and operators of solar generation facilities that sell energy directly to a customer, if that cu... more
Presentation | Webinar
Mark Haskell, George Billinson
Morgan Lewis's Energy Practice presented "Market Manipulation: Prevention, Detection, and Defense" as a part of its fall FERC Compliance Webinar Series. Topics included: FTC anti-manipulation rules and guidance documen... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
The North American Electric Reliability Corporation (NERC) has proposed three Reliability Standard interpretations regarding compliance issues that have been of significant concern to the industry, and requested that the Federal... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On November 24, the Federal Energy Regulatory Commission (the Commission) issued Order No. 729 approving six Modeling, Data, and Analysis Reliability Standards submitted for approval by the North American Electric Reliability Co... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
For the first time in nearly 20 years, the Federal Energy Regulatory Commission (FERC or the Commission) is initiating on its own accord investigations into the recourse rates of three interstate natural gas pipelines pursuant t... more
Presentation | Webinar
Mark Haskell, George Billinson
Staying current on developments in gas compliance is essential for in-house attorneys, compliance officers, operational personnel, and supervisors. During this one-hour webinar, attorneys from the Energy Practice discussed rece... more
LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices
If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Dem... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
In an attempt to speed the processing of alleged violations of mandatory Reliability Standards, on October 26 the Federal Energy Regulatory Commission (FERC) issued a new Guidance Order regarding Notices of Penalty filed for FER... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Starting on January 1, 2010, electric generating facilities that emit greenhouse gases (GHGs) will be required to collect data on their GHG emissions and to report those findings to the U.S. Environmental Protection Agency (EPA)... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Pennsylvania is currently offering two different funding opportunities to support the development and use of solar energy and expansion of solar energy-related industries. The first opportunity, the Solar Energy Program, provid... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On June 24, 2009, the North American Electric Reliability Corporation (NERC) filed a Notice of Penalty for a violation of a Federal Energy Regulatory Commission (FERC)-approved Reliability Standard by the U.S. Army Corps of Engi... more
Presentation | Webinar
Stephen Spina, J. Daniel Skees, John McGrane
Reliability compliance obligations have grown in complexity since the beginning of mandatory Reliability Standards following EPAct 2005, resulting in greater burdens on utilities and raising the spectre of increased penalties for... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Earlier today, the Federal Energy Regulatory Commission (FERC) approved a stipulation and consent agreement with Florida Power and Light Company (FPL) that included a $25 million penalty to be paid by FPL to resolve potential vi... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On September 30, the U.S. Environmental Protection Agency (EPA) issued a proposal describing how it intends to regulate greenhouse gas (GHG) emissions under the Clean Air Act's (CAA) Title V and Prevention of Significant Deterio... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On September 21, the U.S. Court of Appeals for the Second Circuit reinstated two lawsuits filed by eight states, New York City, and three environmental groups that allege that the carbon dioxide emissions from six electric pow... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On September 22, the Administrator of the U.S. Environmental Protection Agency (EPA) issued the Mandatory Reporting of Greenhouse Gases (GHGs) Rule. EPA had proposed this rule on March 10 of this year and solicited comments fro... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Pennsylvania has now opened its first of four grant solicitations under the "PA Green Energy Works!" Program. PA Green Energy Works! will use up to $52 million in federal funding received under the American Recovery and Reinves... more
Presentation | Webinar
Floyd Norton, IV, Michael Griffen
This past June, FERC issued Order No. 697-C, an order on rehearing of its orders issuing regulations applicable to public utilities authorized to sell electric capacity, energy, and ancillary services at market-based rates. Or... more
LawFlash/Client Alert | Real Estate LawFlash
Jeannine Bishop, Meredith Rettaliata
The Pennsylvania House of Representatives is steering Pennsylvania toward achieving "green" standards, visible in the recent passing of a bill that will require certain state-funded "major facility projects" to comply with energ... more
LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices
If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Dem... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Last week, the North American Electric Reliability Corporation (NERC) released a revised draft of the proposed procedures that Responsible Entities would use to request a Technical Feasibility Exception (TFE) for Critical Infras... more
Outside Publication | Article
John Matthews, Esther Park
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On August 6, the Federal Trade Commission (FTC) issued a Final Rule prohibiting market manipulation in the petroleum industry. Under the terms of the Final Rule, persons that engage in fraud or deceit in wholesale petroleum mark... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Today, the Federal Energy Regulatory Commission (FERC) and the Minerals Management Service (MMS) jointly issued a guidance document addressing many issues relating to the development and implementation of hydrokinetic and hybrid... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On July 29, U.S. Secretary of Energy Steven Chu announced two solicitations that are part of the Department of Energy's (DOE's) provision of several billion dollars in loan guarantees for various renewable energy initiatives. C... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
The North American Electric Reliability Corporation (NERC) has issued for comment a draft timeline for the implementation of mandatory Critical Infrastructure Protection (CIP) Reliability Standards at nuclear power plants. Prev... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On July 16, the Federal Energy Regulatory Commission (FERC) issued a policy statement providing guidance on the development of smart grid technology for the electric transmission system and adopting an interim rate policy to enc... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On July 16, the Federal Energy Regulatory Commission (FERC) issued an order directing market operators in New York and neighboring regions to submit a long-term solution to loop flow issues. In the order, FERC also adopted the ... more
Presentation | Webinar
Floyd Norton, IV, Ronald Tenpas, Levi McAllister, Michael Griffen
Since early 2009, the U.S. House of Representatives and the U.S. Senate have been separately drafting legislation that, if enacted, would fundamentally alter the way that the United States generates, transmits, and consumes energ... more
LawFlash/Client Alert | Energy LawFlash
Kenneth Kulak, Wendy Unglaub, Richard Shortz, Wayne Song, Terrence Dugan, Gary Wilcox, Ingrid Myers, Douglas Davidson
On July 9, the U.S. Department of the Treasury (the Treasury) issued guidance that outlined the procedures for obtaining cash grants in lieu of claiming investment tax credits or production tax credits for specified renewable en... more
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Levi McAllister
On July 1, the North American Electric Reliability Corporation (NERC) issued draft security guidelines providing guidance to entities that are required to identify Critical Cyber Assets under NERC Standard CIP-002 R3. Under that... more
Outside Publication | Article
Jay Gutierrez, Stephen Burdick
Published in Infrastructure, Vol. 48, No. 3, Spring 2009. Copyright 2009 American Bar Association. Reproduced with permission.
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On June 26, the House of Representatives passed the American Clean Energy and Security Act of 2009 (H.R. 2454), major legislation addressing energy and climate change policy. Known commonly as the Waxman-Markey bill, the 1,300-... more
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Joseph Lowell
On June 18, the Federal Energy Regulatory Commission (FERC) issued orders addressing two separate petitions for declaratory order submitted by NorthWestern Corporation d/b/a NorthWestern Energy (NorthWestern). In the first peti... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On June 24, 2009, the Federal Energy Regulatory Commission (Commission) upheld central aspects of its prior decisions on Violation Severity Levels (VSLs) proposed by the North American Electric Reliability Corporation (NERC).
Presentation | Webinar
Sara McCormick, Stephen Kinney, Jr., Paul Zaffuts, Jonathan Fritts, Tracy Steele
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On May 21, 2009, the Federal Energy Regulatory Commission (FERC) approved a participant funding arrangement for a proposed international transmission project that would connect the Hydro-Quebec TransEnergie (Hydro-Quebec) transm... more
Morgan Lewis Title | Deskbook
Energy Practice and Energy Resources Group
Morgan Lewis's Energy Practice has prepared FERC Compliance: A Legal and Business Guide to provide energy companies and other energy market participants a comprehensive handbook on the fundamentals of the Federal Energy Regulat... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Yesterday, Senate Homeland Security and Governmental Affairs Committee Chairman Joseph Lieberman (I-CT) and House Homeland Security Committee Chairman Bennie Thompson (D-MS) introduced a bill that would dramatically increase the... more
Presentation | Speech
Mark Haskell
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On April 16, the North American Electric Reliability Corporation (NERC) issued a Special Report titled Accommodating High Levels of Variable Generation (the Special Report), which was prepared by NERC’s Integration of V... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On April 16, the Department of Energy (DOE) released two documents detailing an unprecedented and rapid investment in the nation's electrical grid: a Notice of Intent (NOI) for the Smart Grid Investment Grant Program and a draf... more
LawFlash/Client Alert | Real Estate LawFlash
Real Estate Practice
On Thursday, April 9, top executives from 19 commercial real estate companies met with the Department of Energy (DOE) to develop a plan to reduce energy consumption in real estate buildings across the country. With consumption ... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On April 10, the Federal Energy Regulatory Commission (FERC) issued an order in Docket No. ER09-681-000 (the Order) granting approval of various transmission infrastructure rate incentives requested by Green Power Express, LP (G... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
In an open letter to the electric industry on April 7, Michael Assante, Chief Security Officer of the North American Electric Reliability Corporation (NERC) cautioned utilities that using an “N-1” methodology to det... more
LawFlash/Client Alert | Energy LawFlash
Christopher McAuliffe
The U.S. Supreme Court on April 1, 2009 issued its decision in Entergy Corp. v. Riverkeeper, Inc. on the issue of whether Section 316(b) of the Clean Water Act (the Act) authorizes the Environmental Protection Agency (EPA) to c... more
Outside Publication | Article
Christopher McAuliffe
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On March 10, the U.S. Environmental Protection Agency (EPA) released a proposed rule for the Mandatory Reporting of Greenhouse Gases (GHGs). This rule was authorized by the FY2008 Consolidated Appropriations Act, which directed... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On February 17, 2009, President Barack Obama signed into law H.R. 1, the American Recovery and Reinvestment Act of 2009 (the Act). Enacting over $787 billion in appropriations and tax cuts, the Act authorizes many energy-related... more
LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices
If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in the future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Demand f... more
LawFlash/Client Alert | Climate Change Alert
Business and Finance Practice
Actions by the Attorney General of the State of New York in 2008 will affect how public companies disclose and address climate change financial risks. Since August 2008, the Attorney General has announced settlement agreements ... more
Outside Publication | Article
Levi McAllister
LawFlash/Client Alert | Climate Change Alert
Energy Practice
The recent election will bring in a new administration in January—one that has signaled that federal action to address climate change is on the horizon. While running for office, President-Elect Barack Obama proposed bold... more
Presentation | Speech
Stephen Spina
LawFlash/Client Alert | Climate Change Alert
Business and Finance Practice
Recent action by the Attorney General of the State of New York will affect how public companies disclose and address climate change financial risks. On August 27, 2008, the Attorney General announced a settlement agreement with... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice
Hurricane Ike has caused very substantial loss throughout the Texas Gulf Coast. As the region begins to recover, Morgan Lewis’s Insurance Recovery lawyers are already working with our clients nationwide to ensure that the... more
LawFlash/Client Alert | Energy LawFlash
Christopher McAuliffe
On July 11, the U.S. Court of Appeals for the District of Columbia Circuit vacated a regulatory program adopted under the Clean Air Act that had been the basis for significant investments in air pollution control technology and... more
Morgan Lewis Title | White Paper
Litigation Practice
Climate change issues are generating one of the most rapidly changing and critically important components of environmental law. Most of the developments discussed in this overview have occurred in the last several years. This p... more
Presentation | Speech
Stephen Spina
Presentation | Speech
George Billinson
Presentation | Speech
Floyd Norton, IV
Presentation | Speech
George Billinson
Presentation | Speech
Stephen Spina
Presentation | Speech
Mark Haskell
Presentation | Speech
Stephen Spina
Outside Publication | Article
Levi McAllister
Presentation | Speech
Mark Haskell
Presentation | Speech
Wayne Song
Presentation | Speech
Mark Haskell
Morgan Lewis Title | Deskbook
Alex Polonsky, Jay Gutierrez
The second edition of Fundamentals of Nuclear Regulation in the United States is a straightforward primer on a complex area of law that is gaining attention as the world seeks alternative sources of energy. As policymakers, t... more
Presentation | Speech
George Billinson
Outside Publication | Article
John Matthews, Kathryn Sutton
Presentation | Speech
George Billinson
Presentation | Speech
James Glasgow
Presentation | Webinar
Joseph Hall, Floyd Norton, IV, Stephen Spina, Michael Griffen
Presentation | Speech
George Billinson
Outside Publication | Chapter
George Billinson
Outside Publication | Article
Levi McAllister
Outside Publication | Article
Anna Jones
Presentation | Speech
Mark Haskell
Outside Publication | Article
Stephen Spina, Michael Griffen
Presentation | Speech
Martin O'Neill
Outside Publication | Article
Martin O'Neill
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Twenty states and the District of Columbia have adopted mandatory renewable portfolio standards (RPSs) requiring retail electricity suppliers to increase the percentage of electricity supplied from wind power, solar energy, biom... more
Outside Publication | Article
George Billinson, Michael Griffen
Presentation | Speech
George Billinson
Presentation | Speech
James Glasgow
Outside Publication | Article
George Billinson
Presentation | Speech
Stephen Spina
Outside Publication | Article
Anna Jones
Outside Publication | Chapter
George Billinson
Outside Publication | Article
J. Daniel Skees
LawFlash/Client Alert | Energy LawFlash
Energy
Morgan, Lewis & Bockius, LLP, is pleased to announce the addition of William F. Hederman, Jr., and George D. Billinson to the firm. Both join the firm from the Federal Energy Regulatory Commission (FERC). The addition of Me... more
Presentation | Speech
Stephen Spina
Presentation | Speech
Floyd Norton, IV, Stephen Spina
Outside Publication | Article
John Matthews
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On November 30, Pennsylvania Governor Edward G. Rendell signed Senate Bill No. 1030 (the Act), which requires electric distribution companies (EDCs) and electric generation suppliers (EGSs) to sell a certain percentage of electr... more
Outside Publication | Article
John Matthews
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Mahinka, Floyd Norton, IV
Presentation | Speech
George Edgar
Presentation | Speech
Janet Ecker
Outside Publication | Article
Martin O'Neill
Presentation | Speech
Anthony DeCusatis
Presentation | Speech
Anthony DeCusatis
Presentation | Speech
Mary Ann Huntington
Presentation | Proceedings
Energy
Note: Due to the production costs of this handbook, there is a $35 charge for it.
Presentation | Speech
Anthony DeCusatis
Presentation | Speech
Anthony DeCusatis
Outside Publication | Article
Floyd Norton, IV
Presentation | Speech
Anthony DeCusatis
Outside Publication | Article
Floyd Norton, IV
Presentation | Speech
George Edgar
Presentation | Speech
Jay Gutierrez