On February 4, 2019, FERC issued a notice that its staff and the Department of Energy (“DOE”) will co-host a technical conference on Security Investments for Energy Infrastructure.  The technical conference will broadly address two main topics.  Continue Reading FERC, DOE Announce Technical Conference on Security Investments for Energy Infrastructure

In orders issued on January 25 and 28, 2019, FERC concluded that the Commission and the bankruptcy courts have concurrent jurisdiction to review and address the disposition of FERC-jurisdictional contracts sought to be rejected through bankruptcy and, therefore, a party to a FERC-jurisdictional wholesale power agreement must first obtain approval from both FERC and the bankruptcy court to modify the filed rate and reject the filed wholesale power contract, respectively.  FERC made its determination in response to two separate petitions (“Petitions”) filed by NextEra Energy, Inc. and NextEra Energy Partners, L.P. (collectively, “NextEra”) and Exelon Corporation (“Exelon”), individually, against Pacific Gas and Electric Company (“PG&E”).  In those Petitions, NextEra and Exelon asked FERC to clarify its authority regarding the prospect of PG&E seeking to reject or amend FERC-jurisdictional wholesale power agreements in its anticipated bankruptcy proceeding.  On January 29, 2019, PG&E submitted its anticipated bankruptcy filing in the U.S. Bankruptcy Court for the Northern District of California.    Continue Reading FERC Claims Concurrent Jurisdiction Over Wholesale Power Agreements in PG&E Bankruptcy Dispute

On January 18, 2019, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied a petition by the State of North Carolina to review two FERC orders involving the relicensing of the Yadkin River Hydroelectric Project (“Yadkin Project”) in North Carolina.  The D.C. Circuit found substantial evidence supporting FERC’s decision to deny North Carolina’s allegations of misrepresentation by Alcoa Power Generating, Inc. (“Alcoa”), the license applicant, and to grant a new operating license to Alcoa for the Yadkin Project.  The court also rejected North Carolina’s proposal to invoke the federal recapture provision of the Federal Power Act (“FPA”) to the state at Alcoa’s net investment plus severance damages. Continue Reading D.C. Circuit Denies Review of FERC Orders in Hydro Project Relicensing

On January 4, 2019, the U.S. District Court for the District of Maine (“Maine District Court”) issued an order on two motions for summary judgment concluding that FERC’s assessment of a civil penalty against Competitive Energy Services, LLC (“CES”) and its managing member, Richard Silkman (collectively, “Respondents”) was not time-barred by the statute of limitations under 28 U.S.C. § 2462.  In doing so, the Maine District Court denied the Respondents’ motion for summary judgment.  Continue Reading District Court Rules FERC Enforcement Claim Not Barred by Statute of Limitations

On November 23, 2018, the FERC After Action Panel (“FAAP”) issued a report (“FAAP Report”) providing an evaluation of the causes and recommendations to FERC after a spillway failure that took place at the Oroville Dam in February 2017.  According to the FAAP Report, issues with the Oroville Dam spillways have been ongoing since the project was commissioned in 1967, and there are shortcomings related to the implementation of FERC’s Part 12 dam safety regulations.  In light of its assessment, the FAAP provided FERC with recommendations for improvement of the Part 12 program. Continue Reading FERC Releases Oroville Spillway After Action Report

On December 3, 2018, FERC accepted ISO New England Inc.’s (“ISO-NE”) proposed temporary revisions to its Transmission, Markets and Services Tariff (“Tariff”) designed to address fuel security by a 2-1 vote.  Among other things, the order enables ISO-NE to enter into cost-of service agreements with certain retiring generators that are deemed necessary for regional fuel security and reliability.  Commissioner McIntyre did not participate and Commissioner Glick issued a separate concurring opinion.  Of particular note was the dissenting opinion filed by Chairman Neil Chatterjee. Continue Reading A Divided FERC Approves ISO-NE’s Proposal for Regional Fuel Security

On November 26, 2018, FERC partially granted the California Independent System Operator Corp. (“CAISO”) a temporary extension of two sets of tariff provisions concerning natural gas system limitations on CAISO’s system and corresponding market operations.  While FERC temporarily extended six tariff provisions related to the Aliso Canyon gas storage facility (“Aliso Canyon”) effective November 30, 2018, and December 16, 2018, as requested, it rejected CAISO’s proposal to temporarily extend the tariff revisions regarding gas price scalars. Continue Reading FERC Partially Grants CAISO Waiver of Aliso Canyon Related Tariff Provisions

On October 31, 2018, FERC Chairman Neil Chatterjee submitted comments (“October 31 Comments”) on the U.S. Environmental Protection Agency’s (“EPA”) proposed rule, the Affordable Clean Energy rule (“ACE Rule”).  If approved, the ACE Rule would implement new regulations for states to develop plans to reduce Greenhouse Gas (“GHG”) emissions from certain existing Electric Utility Generating Units.  Chairman Chatterjee’s comments generally supported the ACE Rule. Continue Reading FERC Chairman Files Comments with EPA on Affordable Clean Energy Rule

On October 31, 2018, FERC approved three proposed revisions to the Open Access Transmission, Energy, and Operating Reserve Markets Tariff (“Tariff”) of the Midcontinent Independent System Operator, Inc. (“MISO”).  These revisions establish categorical time limits to expressly bar settlement disputes submitted after these specified time periods (“Time Bar Revisions”).  The proposed Tariff revisions became effective November 1, 2018. Continue Reading FERC Conditionally Accepts MISO Tariff Revisions Establishing Time Limits to Settlement Disputes and Adjustments