Morgan Lewis

Electric Energy

Publications of Interest

71 Publications Found
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04/03/12 FERC Upholds Postage Stamp Cost Allocation Methodology

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.

03/16/12 FERC Grants NERC Enforcement Discretion over Low-Risk Violations

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.

03/01/12 FERC Rejects Charges to GFAs for New Regional Transmission Projects

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.

02/21/12 Cybersecurity Act of 2012 Introduced

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.

02/17/12 FERC Addresses Uncertainty Around Simultaneous Locational Exchanges

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.

02/17/12 FERC Reaffirms Policy for Assessing Horizontal Market Power

LawFlash/Client Alert | Energy LawFlash
Stephen Mahinka, Floyd Norton, IV, Michael Griffen

FERC retains existing market power analytical framework in a new order.

02/10/12 Audit Evaluates Compliance with Accounting and Reporting Regulations

LawFlash/Client Alert | Energy LawFlash
Glen Bernstein, Pamela Tsang, John McGrane

The Division of Audits addresses deficiencies in the AFUDC rate computation.

02/03/12 FERC Staff Proposes Process on Advising EPA on Extension Requests

LawFlash/Client Alert | Energy LawFlash
Glen Bernstein, Pamela Tsang

Industry comments requested on procedures for considering the reliability impacts of generator outages and retirements.

12/08/11 Commission Orders BPA to Provide Comparable Transmission Access

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

10/26/11 FCC Regulation Affecting Electric and Gas Utility Companies

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

10/14/11 NERC Enforcement Update: Utility Concerns, presented at the 2011 Edison Electric Institute Fall Legal Conference

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

08/18/11 Order No. 1000: Transmission Planning and Cost Allocation

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

05/12/11 Navigating Rate Complaints

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

2011 Policing Market Manipulation: A Review of Evolving Federal Energy Regulatory Commission Policy, Electricity Journal, Vol. 24

Outside Publication | Article
Mark Haskell, Levi McAllister

03/24/11 FERC Clarifies Directive on Revision to Definition of Bulk Electric System, Stresses NERC’s Ability to Propose Alternative Solution

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

02/18/11 FERC Issues Notice of Inquiry Regarding Locational Exchanges of Electrical Power

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

12/13/10 Supreme Climate Change Battle

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

2010 Open Access, Transmission, and Comparability, Energy Law and Transactions, LexisNexis Matthew Bender 2010

Outside Publication | Article
Stephen Spina, Levi McAllister

11/24/10 FERC Reiterates That Long-Term Firm Point-to-Point Service Requires Transaction-Specific Service Agreements

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

11/23/10 FERC Directs Revisions to "Bulk Electric System" Definition; More Facilities Likely to Be Subject to Reliability Standards

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

11/19/10 FERC Proposes New Rules to Integrate Variable Energy Resources

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

11/17/10 Don't Make the Same Mistake Twice: Avoiding Repeat Violations of Reliability Standards

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

10/19/10 NERC Directs Transmission Owners to Examine Facility Rating Discrepancies Between Design and Actual Field Conditions of Transmission Facilities

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

09/23/10 FERC Clarifies Guidance on NERC’s Obligation to Respond to Commission Directives on Reliability Standard Development

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

09/22/10 FERC Permanently Lifts Price Cap for Electric Transmission Capacity Reassignments

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

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