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FERC, CFTC, and State Energy Law Developments
On January 19, 2012, Morgan Lewis presented the third and final part of a webinar series on hydraulic fracturing, "Private Litigation and Hydraulic Fracturing," discussed private litigation surrounding fracking, including tort and commercial lawsuits.
On September 27, 2011, Morgan Lewis presented the first part of a 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 serve to regulate and control aspects of fracking activity—from federal rules designed to protect drinking water, to state and local transportation rules, to local zoning regimes, to voluntary industry practices.
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.
On April 21, 2011, the Federal Energy Regulatory Commission (FERC or Commission) issued a pair of Notices of Proposed Rulemaking (NOPR) designed to facilitate price transparency in markets for the sale and transmission of electric energy in interstate commerce and to enhance market monitoring capabilities.
By Floyd Norton and Michael Keegan The April 2011 issue of The Electricity Journal features an article By Floyd Norton and Michael Keegan titled “Practical Consequences Arising from FERC's Secondary Electric Transmission Market.” Abstract : In September 2010, the Federal Energy Regulatory Commission permanently lifted the price cap for transmission customers reassigning electric transmission capacity.
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.
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 subject to mandatory Reliability Standards.
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.
On November 17th, Morgan Lewis and Ernst & Young presented a joint webcast on structuring your company’s compliance program to avoid repetitive reliability violations.