FERC, CFTC, and State Energy Law Developments
In a declaratory order issued on October 4, the Federal Energy Regulatory Commission (FERC) clarified that prior approval under Section 203 of the Federal Power Act is not required for certain types of tax equity investments, substantially simplifying and expediting regulatory requirements.
On July 7, the US Court of Appeals for the District of Columbia Circuit issued its opinion in NRG Power v. FERC, vacating in part and remanding a May 2013 order by the Federal Energy Regulatory Commission (FERC) that had accepted PJM Interconnection, L.L.C.’s (PJM’s) revisions to the Minimum Offer Price Rule (MOPR) in the PJM electricity capacity market subject to PJM’s acceptance of certain modifications.
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.