Morgan Lewis
Home > Our Thinking > Blogs > Power & Pipes
Blogs

Editor

Stephen M. Spina, Elizabeth P. Hanigan

Power & Pipes

FERC, CFTC, and State Energy Law Developments

FERC Takes Final Action on Backstop Transmission Siting Rule

By Stephen M. Spina , J. Daniel Skees , and Robert P. Goldfin
// October 23, 2024
Earlier this year, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order 1977 to address its limited backstop siting authority for electric transmission lines. On October 17, 2024, FERC issued Order 1977-A, adding a new requirement mandating that siting applicants seeking rights of way on Tribal lands must include their Tribal Engagement Plans within their project proposals.
Read More
Topics: Department of Energy, Electric Transmission, FERC, Government Relations, Rulemaking

FERC Seeks Comments on Policy That Could Tighten Regulation of Investment Companies

By Pamela T. Wu , J. Daniel Skees , and Erin McClelland
// January 02, 2024
The US Federal Energy Regulatory Commission (FERC) issued a notice of inquiry (NOI) in December 2023 seeking comments on whether and, if so, how FERC should revise its policy on providing blanket authorizations for investment companies under Section 203(a)(2) of the Federal Power Act (FPA). This policy has permitted certain nonactive investors (such as mutual funds) to purchase and sell equity interests in utilities and holding companies without the typical FERC review of such investments.
Read More
Topics: Energy, FERC, Rulemaking

FERC Approves Potential Reduction of Stakeholder Input in Reliability Standard Development

By J. Daniel Skees , Robert P. Goldfin , and Erin McClelland
// December 12, 2023
FERC recently issued an order approving revisions to the North American Electric Reliability Corporation (NERC) Rules of Procedures to modify the rules for developing mandatory reliability standards. These changes, reflected in Section 300 and Appendix 3A to the NERC Rules, will allow NERC to curtail the use of its traditional stakeholder-driven reliability standards development process where NERC leadership concludes that the process would be too cumbersome in addressing the reliability risk.
Read More
Topics: Enforcement, FERC, NERC, Reliability, Rulemaking

NERC to Develop Inverter-Based Resources Standards

By J. Daniel Skees and Robert P. Goldfin
// November 29, 2023
In 2022, FERC began issuing directives aimed at ensuring that the reliability of the bulk-power system is protected from potential risks posed by the growing number of inverter-based resources (IBRs) connected to the electric grid. As we previously reported, FERC issued three orders in December 2022 focused on increasing regulations for IBRs through the North American Electric Reliability Corporation (NERC), an independent electric reliability organization that develops and enforces mandatory reliability standards. In continuance of this goal, this fall, FERC took the step of directing NERC to develop or modify reliability standards specifically to address reliability concerns attributable to IBRs (Order No. 901).
Read More
Topics: Distributed Generation, Electric Generation, Enforcement, FERC, NERC, Reliability, Renewable Energy, Rulemaking, Solar, Storage

FERC Approves Rate Incentives for Cybersecurity Investments

By J. Daniel Skees and Robert P. Goldfin
// May 03, 2023
FERC has issued its final rule paving the way for incentive-based rate treatment for electric utilities that make certain voluntary cybersecurity investments. As we first noted in 2020 when describing the proposed rule, the final rule provides a new mechanism for promoting cybersecurity of the bulk-power system by rewarding utilities for proactively enhancing their cybersecurity programs beyond the mandatory requirements of the North American Electric Reliability Corporation (NERC) Critical Infrastructure Protection (CIP) reliability standards. 
Read More
Topics: Cybersecurity, Electric Generation, Electric Transmission, Enforcement, FERC, NERC, Ratemaking, Reliability, Rulemaking, Security

Registered Entities: Expect a Significant Increase in NERC’s Focus on Physical Security

By J. Daniel Skees and Robert P. Goldfin
// February 02, 2023
There are no unimportant North American Electric Reliability Corporation (NERC) reliability standards, but from time to time, NERC and the Regional Entities (Regions) place greater emphasis on certain reliability standards in response to events affecting the grid. With headline-grabbing physical attacks on power substations across the country in recent months, one of NERC’s greatest current priorities is evaluating the effectiveness of its physical security standards, most notably CIP-014.
Read More
Topics: Electric Generation, Electric Transmission, Enforcement, FERC, NERC, Reliability, Rulemaking, Security

FERC Increases Maximum Civil Monetary Penalty

By Levi McAllister and Pamela T. Wu
// January 17, 2023
The Federal Energy Regulatory Commission (FERC) issued a final rule on January 12 amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within FERC’s jurisdiction.
Read More
Topics: FERC, Rulemaking

FERC Orders Increased Reliability Regulation for Renewables

By J. Daniel Skees and Robert P. Goldfin
// December 12, 2022
FERC issued three orders focused on increasing regulations for inverter-based resources (IBRs) in fulfillment of one of its primary goals to protect the reliability of the bulk-power system. FERC ensures this reliability through the North American Electric Reliability Corporation (NERC), an independent Electric Reliability Organization that develops and enforces mandatory reliability standards. The reliability standards are only mandatory for certain entities registered with NERC, but most IBRs are not required to register and therefore are not obligated to follow the reliability standards.
Read More
Topics: Distributed Generation, Electric Generation, Enforcement, FERC, NERC, Reliability, Renewable Energy, Rulemaking, Solar, Storage

FERC Proposes to Expand Duty of Candor Rule

By Pamela T. Wu and Levi McAllister
// August 08, 2022
FERC recently issued a notice of proposed rulemaking (NOPR) to expand the existing duty of candor rule by adding a requirement in 18 CFR Part 1 that any entity communicating with FERC or other specified organizations related to a matter that is subject to FERC’s jurisdiction must submit accurate and factual information and must not submit false or misleading information or omit material information. However, exercising due diligence to prevent the submission of false or inaccurate information would be an affirmative defense to violations of the requirement.
Read More
Topics: Enforcement, FERC, Rulemaking

FERC Holds Technical Conference on Financial Assurance Measures for Hydroelectric Project

By J. Daniel Skees and Robert P. Goldfin
// May 12, 2022
FERC recently held a Staff-led technical conference to discuss whether, and if so, how, the Commission should require additional financial assurance mechanisms in the licenses and other authorizations it issues for hydroelectric projects, to ensure that licensees have the capability to carry out license requirements and, particularly, to maintain their projects in safe condition. The feedback received during the conference, as well as the comments to be filed, will likely shape the ultimate FERC rule on financial assurance requirements currently under consideration.
Read More
Topics: Electric Generation, FERC, Licensing, Renewable Energy, Rulemaking
  • 1
  • 2
  • 3

WANT TO RECEIVE NOTIFICATIONS?

  • Subscribe
  • RSS Feed

INFORMATION

  • About Us & Contributors

© 2025 Morgan, Lewis & Bockius LLP. Morgan Lewis is a registered trademark of Morgan, Lewis & Bockius LLP. All rights reserved.