LexisNexis® Legal Newsroom
Troutman Sanders LLP: Can Content-Based Communications Located Overseas Be Reached Via The Stored Communications Act?

In an oral ruling from the bench, Judge Lorraine Preska of the Southern District of New York recently affirmed Magistrate Judge James Francis IV’s April 25, 2014 decision – Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft Corporation , (S.D.N.Y...

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...

Troutman Sanders: IRS Releases Updated Guidance Further Clarifying ‘Beginning of Construction’ For Renewable Energy Facilities

On March 11, 2015, the Internal Revenue Service (IRS) issued Notice 2015-25, which updates its prior guidance to reflect the extension of the beginning of construction deadline for the PTC and ITC made by the Tax Increase Prevention Act of 2014 (TIPA). TIPA extended the deadline from January 1, 2014...

Troutman Sanders: Southern Co. Teams Withy Tesla On Powerwall

The Atlanta Business Chronicle (5/28, Couret, Subscription Publication, 130K) reports that “at its annual stockholders meeting on Wednesday,” Southern Company reported that it has entered into an agreement with Tesla to “test commercial-scale battery storage.” The article points...

Troutman Sanders: FERC Offers EPA Advice On Commission’s Potential Role In Clean Power Plan

On May 15, 2015, the FERC commissioners sent a letter to the Environmental Protection Agency (“EPA”) addressing two areas where FERC could contribute to maintaining reliability under EPA’s Clean Power Plan (“CPP”). FERC’s letter was in response to EPA’s Acting...

Troutman Sanders: FERC Approves Novel NOA Amendment To Address Network Upgrades Required Solely To Accommodate QFs Siting In Constrained Areas

In an order issued May 21, 2015, FERC approved an amendment to PacifiCorp’s Network Operating Agreement (“NOA”) between PacifiCorp and its merchant function, PacifiCorp Energy, allowing for a new planning redispatch protocol. The amendment prevents the need for PacifiCorp to build network...

Troutman Sanders: SCE&G Reaches Settlement On $37M Program To Expand Solar Projects In South Carolina

The Charlotte Business Journal reports that S.C. Electric & Gas, the SCANA Corp. (NYSE:SCG) subsidiary that has about 660,000 electric customers, has reached an agreement with consumer and renewable-energy advocates on a $37 million program designed to get 84.5 megawatts of solar on its system by...

Troutman Sanders LLP: Without Tax Credit Extensions, Returns Of PPAs For Renewables Will Have To Give, GAO Says

By Renewable Energy Insights SNL reports that if Congress does not extend a pair of subsidies for the renewable energy industry, new construction will slow unless retail electricity providers pay significantly more for wind and solar power or developers forfeit a big chunk of their returns, the U...

Troutman Sanders: AWEA Petitions FERC to Significantly Reform Pro Forma Generator Interconnection Procedures and Agreement

On July 7, 2015, the Commission issued a notice calling for comments on a Petition for Rulemaking filed by the American Wind Energy Association (“AWEA”) on June 19, 2015 in Docket No. RM15-21-000. In its petition, AWEA requested that the Commission initiate a rulemaking to significantly amend...

Troutman Sanders LLP: CAISO Board of Governors Adopts Framework to Permit Market Participation by Aggregated Distributed Resources

On July 16, 2015, the California Independent System Operator Corporation’s (“CAISO”) Board of Governors approved a new proposal (the “Proposal”) that will allow aggregated distributed energy resources to participate in the California wholesale energy market. Under the approved...

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...

Troutman Sanders LLP: Criminalization of Robocalls?

U.S. Senator Chuck Schumer (D. N.Y.) has introduced a bill that would criminalize the act of knowingly initiating a commercial robocall without the prior express written consent of the recipient. The bill, S. 1681, defines a “commercial robocall” as a telephone call made for the purpose...

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: EPA Modifies Air Quality Standards for Ozone

By Troutman Sanders LLP On October 1, 2015 the United States Environmental Protection Agency (“EPA”) adopted a more stringent air quality standard for ground-level ozone emissions that reduces the national standard from 75 parts per billion (“ppb”) to 70 ppb. By promulgating...

Troutman Sanders LLP: Wyoming District Court Grants Preliminary Injunction Enjoining BLM from Regulating Hydraulic Fracturing

On September 30, 2015, the U.S. District Court for the District of Wyoming (“District Court”) granted motions for preliminary injunction filed by various states, tribes, and industry members (“Petitioners”) seeking to enjoin the Bureau of Land Management (“BLM”) from...

Troutman Sanders LLP: NERC Submits Wide-Area Analysis on Use of Technical Feasibility Exceptions for CIP Standards

On September 28, 2015, the North American Electric Reliability Corporation (“NERC”) submitted to FERC its annual analysis on the use of Technical Feasibility Exceptions (“TFEs”). TFEs are exceptions from strict compliance with NERC Critical Infrastructure Protection (“CIP”...

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...

Troutman Sanders LLP: Trump Hotels Hit With Data Breach Class Action Lawsuit

A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer...

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...

Troutman Sanders LLP: FERC Issues Order Addressing Policies and Procedures for Market-Based Rate Applications for Natural Gas Storage

On October 15, 2015, FERC issued Opinion No. 538 denying ANR Storage Company’s (“ANRS”) application for market-based rates (“MBR”) for natural gas storage service. FERC noted that the matter was the first fully-litigated proceeding where a gas storage provider has sought...

Troutman Sanders LLP: FERC Reaffirms Reservation Charge Crediting Policy; Orders Changes to Gas Pipeline Tariff’s Crediting, Force Majeure and Interruption of Service Provisions

On October 15, 2015, FERC issued an order to Algonquin Gas Transmission, LLC rejecting claims that FERC had failed to make specific factual findings to support its conclusion that the existing absence of reservation charge crediting provisions in Algonquin’s tariff was unjust and unreasonable,...