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FERC, CFTC, and State Energy Law Developments
On May 23, the Federal Energy Regulatory Commission (FERC) issued a notice inviting comments on the interplay between state policy goals and organized wholesale electricity markets. The referenced state policy goals involve state support for zero-carbon-emitting power plants, including nuclear power plants, generally in the form of tax credits.
At its last open meeting on Jan. 19, 2017, the Federal Energy Regulatory Commission (FERC) issued a policy statement that serves to reaffirm FERC’s efforts to encourage the development of electric storage resources.
Please join us for a one-hour webinar on regulatory and related issues associated with the formation of YieldCos.
On March 15, FERC issued a Notice of Proposed Rulemaking to revise the Electric Quarterly Report (EQR) Data Dictionary so parties can more accurately report simultaneous exchanges.
On December 14, 2011, FERC rejected a merger mitigation proposal (Mitigation Proposal) submitted By Duke Energy Corporation (Duke Energy) and Progress Energy, Inc.

On January 20, the Federal Energy Regulatory Commission (FERC) denied a request for rehearing of FERC’s April 15, 2010 order in Docket No. RM04-7-007, which had responded to a request for clarification regarding the categories of employees that may not be permissibly shared under FERC’s Affiliate Restrictions (Clarification Order). To the extent that FERC had stayed the requirement to comply with the Clarification Order, sellers will be required to comply with the Clarification Order within 90 days of the issuance of the January 20, 2011 order—that is, By April 20, 2011. FERC also terminated a rulemaking proceeding that would have codified in the regulations the findings in the Clarification Order.

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 service agreement.
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.
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 are intended to remove barriers to the integration of variable energy resources (VERs) into the transmission grid.Comments on the VER NOPR will be due 60 days after its publication in the Federal Register.
The U.S. Department of Justice and the Federal Trade Commission recently issued proposed revisions to their horizontal merger guidelines. Because the Federal Energy Regulatory Commission’s analytical framework for assessing the competitive effects of horizontal electric utility mergers is based on the current DOJ/FTC horizontal merger guidelines, proposed revisions to the guidelines could trigger changes to FERC’s horizontal electric utility merger analysis and potentially lead to a significant divergence of merger analysis between FERC and the antitrust enforcement agencies. Read more…