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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...

Cadwalader Client & Friends Memo: Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay on the other, over whether to accept rates resulting...

Cadwalader Client & Friends Memo: On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand Response Rule

On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate FERC’s wholesale demand response compensation rule. [1] The D.C. Circuit’s...

Cadwalader, Wickersham & Taft LLP: ‘Such a Fact Pattern Does Not a $5 Million Penalty Make’

By Doron Ezickson , Thomas Millar and Katherine Vorhis Or so says one dissenting FERC Commissioner in the recent Maxim Power enforcement proceeding. 1 On May 1, 2015, FERC issued an order assessing civil penalties (the “Order”) of $5 million against Maxim Power Corporation and its named...

Troutman Sanders LLP: California District Court Affirms FERC’s Jurisdiction in Barclays Civil Penalty Case

On May 20, 2015, the U.S. District Court of the Eastern District of California (“District Court”) upheld FERC’s decision that it had jurisdiction over Barclays Bank PLC and four traders (collectively, “Barclays”) for allegedly manipulating electricity markets in the West...

Cadwalader: Tariff Compliance Is Not Enough: FERC Imposes Nearly $35 Million in Penalties and Disgorgement Against Powhatan Energy Fund and Trading Associates

On May 29, 2015, the Federal Energy Regulatory Commission ( “FERC” ) issued an Order against Powhatan Energy Fund, LLC and its trading partners, Dr. Houlihan Chen, HEEP Fund, LLC and CU Fund, Inc. (together, “Powhatan” ). FERC imposed civil monetary penalties of more than $29...

Foley & Lardner LLP: FERC Issues Proposal to Ease Regulation of Gen-Tie Lines

By Kurt R. Rempe FERC has issued a Notice of Proposed Rulemaking (NOPR) that would substantially reduce the regulatory burdens placed on energy project developers that construct generator lead lines (gen-tie lines) to interconnect their projects to the grid. Currently, developers that own, operate...

DLA Piper Energy Bulletin

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Railroad industry leader sees jump ahead in volume of crude-by-rail. Are oil companies fully prepared for the potential liability...

Troutman Sanders LLP: FERC Office of Energy Projects Issues Best Practices Manual

On July 28, 2012, FERC’s Office of Energy Projects (“OEP”) released a 32-page manual titled “Suggested Best Practices for Industry Outreach Programs to Stakeholders” (“Manual”). In doing so, OEP states that the purpose of the Manual is to identify best practices...

Troutman Sanders LLP: FERC Releases 2015 Energy Primer

On July 27, 2015, FERC released its 2015 version of the Energy Primer: A Handbook of Energy Market Basics (“Energy Primer”). The Energy Primer was developed by staff from the Division of Energy Market Oversight within FERC’s Office of Enforcement. First released in 2012, the Energy...

Troutman Sanders LLP: FERC Holds that Demand Response, Energy Efficiency Resources can Participate in PJM Transition Auctions for New Capacity Product

On July 22, 2015, the Commission determined that demand response and energy efficiency resources should be able to participate in two PJM Interconnection LLC (“PJM”) transition auctions created to implement a new capacity product called Capacity Performance Resources. The Commission found...

Cadwalader: Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

Introduction On August 13, 2015, a Federal Energy Regulatory Commission (“ FERC ” or “ Commission ”) Administrative Law Judge (“ ALJ ”) issued an initial decision in which she found that BP America Inc. et al. (“ BP ”) manipulated the natural gas market...

Troutman Sanders: FERC Dismisses WIRES’ Petition Requesting New ROE Analysis

By Troutman Sanders LLP On September 16, 2015, the Commission dismissed a petition filed by the Working group for Investment in Reliable and Economic electric Systems (“WIRES”) in which WIRES requested that the Commission institute a generic proceeding to determine whether the Commission’s...

Troutman Sanders LLP: FERC Denies Rehearing and Grants Clarification of Order No. 807 Regarding Open Access and Priority Rights on Interconnection Customer’s Interconnection Facilities

On October 15, 2015, FERC issued an order denying rehearing and granting clarification of Order No. 807, which contained regulations and policies regarding open access to and priority rights on Interconnection Customer’s Interconnection Facilities (“ICIF”). Two groups—one including...

DLA Piper Energy Report: U.S. Supreme Court Hears Arguments On FERC Rule

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Supreme Court hears “demand-response” arguments on FERC rule. On October 14, the US Supreme Court heard oral arguments...

Troutman Sanders LLP: Supreme Court Hears Oral Arguments for FERC’s Demand Response Rule

On October 14, 2015, the U.S. Supreme Court heard oral arguments in Electric Power Supply Ass’n v. FERC regarding FERC Order No. 745, “Demand Response Compensation in Organized Wholesale Energy Markets” [lexis.com subscribers may access Supreme Court briefs for this case | Lexis Advance...

Troutman Sanders LLP: Supreme Court Grants Certiorari of Cases Involving FERC’s Authority Over State Capacity Programs

On October 19, 2015, the United States Supreme Court (“Supreme Court”) granted certiorari for a consolidated case involving the limits of FERC’s jurisdiction when regulating state capacity programs. The cases— Hughes v. PPL EnergyPlus, LLC and CPV Maryland, LLC v. PPL EnergyPlus...

Troutman Sanders LLP: FERC Denies Request for Refund on Polar Vortex Costs

On October 15, 2015, FERC denied Champion Energy Marketing LLC’s (“CEM”) request for a $3.1 million refund of balancing operating reserve (“BOR”) costs assessed by PJM Interconnection, LLC and PJM Settlement, Inc. (collectively “PJM”) related to the polar vortex...

Williams Mullen: FERC Urged To Revise Generator Interconnection Procedures and Agreement

By Robert F. Riley It has been over twelve years since the Federal Energy Regulatory Commission (FERC) issued the pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large Generator Interconnection Agreement (LGIA) for generators larger than 20 megawatts. [1] In addition, it...