Troutman Sanders LLP: FERC Approves Merger of Northeast Utilities and NSTAR

On July 6, 2011, the Federal Energy Regulatory Commission ("FERC" or the "Commission") approved the proposed merger of NSTAR and Northeast Utilities (the "Merger"). The newly formed utility will operate under the name Northeast Utilities.Previously, the two companies announced...

Troutman Sanders LLP: FERC Continues to Address RTO Capacity Market Issues

On Thursday July 28, 2011, the Federal Energy Regulatory Commission ("FERC" or the "Commission") held a technical conference to discuss issues surrounding the applicability of PJM Interconnection LLC's Minimum Offer Price Rule ("MOPR") to "self-supplying" resources...

Cadwalader Alert: FERC Staff Alleges Another 'Flipping' Violation

By Ken Irvin and Ben Chesson By notice issued Friday, August 12, 2011 , the Federal Energy Regulatory Commission Office of Enforcement announced that, as a result of a nonpublic preliminary investigation pursuant to 18 C.F.R. Part 1b, Staff has preliminarily determined that Atmos Energy Corporation...

Steptoe & Johnson: Pennsylvania PUC Clarifies Public Utility Criteria

Continuing developments in the Laser Northeast gathering proceeding impact the regulation of gathering and midstream companies operating in Pennsylvania. By Kurt L. Krieger Background: Laser Northeast proposes to construct a gathering system in Pennsylvania extending into New York where it is...

Cadwalader: Murkowski Seeks Answers from FERC on EPA Regulation's Impacts on Reliability

By Ken Irvin and Sohair Ahmadi Following testimony of the Commissioners of the Federal Energy Regulatory Commission ("FERC" or "Commission") on September 15, Senator Murkowski (R-AK) sent FERC Chairman, John Wellinghoff, several intense follow-up questions regarding the potential...

Cadwalader: FERC to Hold Technical Conference to Address Reliability

By Ken Irvin and Sohair Ahmadi The Federal Energy Regulatory Commission ("FERC" or "Commission") announced that it will hold a technical conference, open to the public, on November 29, 2011 from 1:00 p.m. to 5:00 p.m. and on November 30, 2011 from 9:00 a.m. to 4:00 p.m. to discuss...

FERC Releases 2011 Enforcement Report

The staff of the Office of Enforcement (Enforcement) of the Federal Energy Regulatory Commission (Commission) released today its annual enforcement report . This report provides information on FERC enforcement activities during Fiscal Year 2011 (FY2011), including an overview of and statistics reflecting...

Cadwalader Clients & Friends Memo: FERC Office of Enforcement Issues 2011 Report on Enforcement

On November 17, 2011, the Federal Energy Regulatory Commission ( FERC ) Office of Enforcement issued its 2011 Report on Enforcement ( Report ). The annual Report provides an overview of and statistics regarding FERC's enforcement activities during the fiscal year 2011 ( FY2011 ) within the Office...

Steptoe & Johnson PLLC: FERC Issues First Authorization to Export LNG from Domestic Production

By Kurt L. Krieger On April 16, 2012, the Federal Energy Regulatory Commission (FERC) approved a Sabine Pass Liquefaction, LLC and Sabine Pass LNG, L.P. proposal to site, construct and operate facilities at Cameron Parish, Louisiana, to export up to 2.2 billion cubic feet per year of liquefied natural...

Cadwalader Clients & Friends Memo: FERC Confirms It Lacks Jurisdiction over Unbundled Renewable Energy Certificate Sales

On April 20, 2012, the Federal Energy Regulatory Commission ("FERC") issued an order accepting proposed revisions to the WSPP Agreement addressing sales of renewable energy certificates ("RECs") made pursuant to that agreement. In the course of issuing this order FERC confirmed something...

Steptoe & Johnson PLLC: FERC Issues 2011 State of the Market Report

By Kurt Krieger On April 19, 2012, the Office of Enforcement of the Federal Energy Regulatory Commission (FERC) issued its 2011 State of the Markets Report, assessing the progress and status of the natural gas, electric, and other energy markets over the past year. In general, the report indicated...

Steptoe & Johnson PLLC: FERC Schedules Regional Conferences on Gas & Electricity Market Coordination

By Kurt Krieger "These standards will establish communication protocols between interstate pipelines and power plant operators and transmission owners and operators. Through this rulemaking, the Commission is seeking to improve coordination between the gas and electric industries in order to...

Steptoe & Johnson PLLC: Natural Gas Storage Field Boundary Extension vs. Production Interests

Do you produce gas or oil near a gas storage field? Do you intend to do so? Do you have an operating agreement with the storage field operator? What if storage field gas migrates into your production field or strata? What happens if your production operations threaten the integrity of the storage field...

Steptoe & Johnson PLLC: FERC Allows Pipeline to Prohibit Backhaul Shippers From Nominating Forward Haul Service

By Kurt Krieger Shippers with firm transportation capacity on interstate pipelines often nominate their contracts to move gas in numerous directions on the pipeline on a secondary point basis, subject to the pipeline's tariff scheduling priorities. Those with firm primary forward haul capacity...

Babst Calland: FERC Chairman Wellinghoff Departs

By Keith J. Coyle John Wellinghoff officially resigned his post as Chairman of the Federal Energy Regulatory Commission (FERC) on Sunday, November 24, 2013. Wellinghoff, the longest serving FERC Chairman in history, will be joining the law firm of Stoel Rives LLP. The now-departed FERC Chairman announced...

Cadwalader Clients & Friends Memo: FERC and CFTC Reach Agreement on Information Sharing and Jurisdiction

After a fair amount of back-channel arm-twisting, the two agencies with principal (and sometimes overlapping) jurisdiction over energy commodities have reached agreement on two memoranda of understanding (“ MOUs ”) required by the Dodd-Frank Act. On January 2, 2014, the Federal Energy Regulatory...

Steptoe & Johnson PLLC: FERC Electric Transmission Line Rate Incentives Affirmed

By Kurt L. Krieger On January 24, the United States Court of Appeals for the Fourth Circuit upheld a 2012 order issued by the Federal Energy Regulatory Commission (“FERC”) denying rehearing of a 2008 order granting rate incentives to an electric utility for various transmission projects...

Cadwalader Client & Friends Memo: FERC Enforcement Director Calls for Legislative Fix to Address Hunter Decision

On January 15, 2014, Mr. Norman Bay, Director of the Office of Enforcement at the Federal Energy Regulatory Commission ( FERC ), testified at a Senate Banking Subcommittee on Financial Institutions and Consumer Protection hearing entitled “Regulating Financial Holding Companies and Physical Commodities...

Troutman Sanders LLP: Louis Dreyfus Settles FERC Market Manipulation Case for $7.8 Million

On February 7, 2014, FERC approved a Stipulation and Consent Agreement (“Agreement”) between the Office of Enforcement (“Enforcement”) and Louis Dreyfus Energy Services L.P. (“LDES”) regarding LDES’ virtual trading in the markets operated by the Midcontinent...

Steptoe & Johnson PLLC: FERC Takes Further Action to Promote Gas and Electric Industry Coordination

B y Kurt L. Krieger On March 20, the Federal Energy Regulatory Commission (“FERC”) issued three separate but related items as part of FERC’s ongoing efforts to address gas and electric industry coordination issues arising from the increased reliance on natural gas for electricity...

Steptoe & Johnson PLLC: Court Ruling a Victory for Kentucky Pipeline Eminent Domain Opponents

By J. Kevin West On March 25, 2014, a Circuit Court in Kentucky ruled in favor of those opposed to an interstate natural gas liquids (“NGLs”) pipeline’s potential use of eminent domain under the laws of the Commonwealth of Kentucky. The interstate pipeline is not subject to regulation...

Steptoe & Johnson PLLC: Court Vacates FERC ‘Demand Response’ Final Rule

By Kurt L. Krieger On May 23rd, the U.S. Court of Appeals for the District of Columbia Circuit vacated a final rule of the Federal Energy Regulatory Commission (“FERC”) which sought to incentivize electricity customers to reduce electricity consumption when economically efficient. The...

Duane Morris LLP: D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This turn of events is likely to cause anyone with, or planning to have, a...

Cadwalader: Gloves Are Off: FERC Issues Public Notice of Alleged Violations in Powhatan Investigation

On August 5, 2014, the Federal Energy Regulatory Commission ( "FERC" ) issued a public Staff Notice of Alleged Violations ( "NAV" ) regarding alleged manipulative Up To Congestion trading by Powhatan Energy Fund (Powhatan) in the PJM energy market. The NAV states that FERC’s...