FERC Law Updates
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Glen Bernstein, John McGrane
Countering an earlier remand from the Seventh Circuit, the Commission explains why a regional transmission organization should use a postage stamp methodology to allocate the costs of its new high-voltage transmission lines.
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, J. Daniel Skees, John McGrane
Approval of NERC's "Find, Fix & Track" procedure affirms NERC's efforts to streamline the resolution of low-risk Reliability Standard violations.
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Glen Bernstein, Joseph Lowell
FERC concludes that MISO's proposed tariff revisions do not provide a new service to GFA customers and that MISO failed to meet the public interest standard necessary to modify the services under GFAs.
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, J. Daniel Skees
Bill would significantly expand federal regulation of cybersecurity for critical infrastructure protection; NERC CIP requirements likely unaffected.
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Levi McAllister, John McGrane
FERC determines that simultaneous locational exchanges that involve a merchant function's affiliated transmission provider's transmission system require prior approval.
LawFlash/Client Alert | Energy LawFlash
Stephen Mahinka, Floyd Norton, IV, Michael Griffen
FERC retains existing market power analytical framework in a new order.
LawFlash/Client Alert | Energy LawFlash
Glen Bernstein, Pamela Tsang, John McGrane
The Division of Audits addresses deficiencies in the AFUDC rate computation.
LawFlash/Client Alert | Energy LawFlash
Glen Bernstein, Pamela Tsang
Industry comments requested on procedures for considering the reliability impacts of generator outages and retirements.
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
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
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
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 | 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, 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
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
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
Stephen Spina, Levi McAllister
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 | 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
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
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
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
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
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
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
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, 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
Outside Publication | Article
Levi McAllister
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
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
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
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
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
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
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
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
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 | 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
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
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).
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
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
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
Presentation | Speech
Floyd Norton, IV
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
Presentation | Speech
Floyd Norton, IV, Stephen Spina
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