FERC Regulation & Policy Development Practice
Issue Alerts
FERC Poised to Review NERC Registration of Generator as Transmission Owner and Transmission Operator
Vincenzo Franco, Andrew ArtFebruary 12, 2008
On February 4, New Harquahala Generating Co., LLC (Harquahala), appealed to the Federal Energy Regulatory Commission (FERC) a decision by the North American Electric Reliability Corporation (NERC) to register Harquahala as a transmission owner and transmission operator (TO/TOP) for purposes of compliance with NERC’s mandatory reliability standards. In the case, FERC will decide whether to uphold NERC’s determination that high-voltage interconnection facilities should be treated as integrated transmission facilities for reliability compliance purposes. The decision may have significant consequences for generators that own interconnection facilities.
DC Circuit Reconfirms FERC’s Remedial Discretion
Howard Shapiro, Emily PitlickDecember 21, 2007
The U.S. Court of Appeals for the District of Columbia Circuit has strongly reconfirmed the enforcement and remedial discretion of the Federal Energy Regulatory Commission (“FERC”) in its decision, Consolidated Edison Co. of New York v. FERC. No. 06-1025, (D.C. Cir. Dec. 18, 2007). The court reemphasized that on judicial review it must defer to FERC’s reasonably explained decisions because “agency discretion is at its zenith” when the agency is fashioning remedies.
Weekly Climate Policy Update - December 21, 2007
Kyle Danish, Andrea Hudson, Shelley FidlerDecember 21, 2007
This week, President Bush signed an energy bill that significantly increases fuel economy standards for cars and light trucks, mandates greater biofuels production, and creates efficiency standards for buildings. Although the bill was not as comprehensive as earlier versions – which included a renewable portfolio standard and tax incentives for renewable energy production – it addresses a number of energy issues facing the U.S. The enactment of the bill and its increased fuel economy standards also contributed to EPA’s landmark decision to deny California’s request for a waiver to implement its vehicle CO¬2 emission standards. The denial marks the first time that EPA has denied such a waiver and sets the stage for a showdown between the state and the agency. The denial, and EPA’s reasoning for denying the waiver, may have important implications for the future of GHG regulation at the agency.
Weekly Climate Change Policy Update - September 28
Andrea Hudson Campbell, Kyle W. Danish, Shelley N. FidlerSeptember 28, 2007
International climate talks at the United Nations and in Washington were top news items this week. House Commerce Committee Chairman John Dingell introduced a carbon tax bill, and several notable energy efficiency and climate change commitments were made at the Annual Meeting of the Clinton Global Initiative. Read more about these and other developments in this week's edition.
Weekly Climate Change Policy Update - September 21
Andrea Hudson Campbell, Kyle W. Danish, Shelley N. FidlerSeptember 21, 2007
This week, publicly-traded companies faced inquiries from two different angles regarding disclosure of risks and opportunities related to climate change.
Articles
Buying and Selling Electric Power in the West
A Review of Key Elements of FERC's Standard Market Design ProposalDoug Smith
January 16, 2003
On July 31, 2002, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (NOPR) on Standard Market Design (SMD). This ambitious rulemaking builds on FERC’s earlier open access transmission requirements adopted in Order No. 888, and its policy of promoting Regional Transmission Organizations (RTOs) adopted in Order No. 2000. In this NOPR, FERC proposes to (1) expand and significantly change its system of transmission service regulation; (2) provide a nationwide standard for the structure of electricity spot markets and for regulation of prices in those spot markets; and (3) extend its regulatory role into new areas, such as minimum reserve margins.
Electricity regulation: How is federal policy changing?
Doug SmithTrends
July 1, 2002
Prior to the summer of 2000, the public paid scant attention to the often-arcane world of federal electric utility regulation. Over the past two years, however, the California electricity crisis, followed by the Enron bankruptcy, have made electricity regulation front page news. This article explores how these recent high-profile problems have affected the electricity policy agendas at the Federal Energy Regulatory Commission (FERC) and in Congress.
Seminars & Events
FERC Compliance Summit 2008
AED Conference Center, Washington, DCMay 19, 2008
Van Ness Feldman's Paul Korman will be a panelist at this conference during the discussion titled "What to do if you are faced with a compliance audit or investigation" on May 21st from 9:15-10:15 AM.
Electric Energy: Markets, Regulation and Investment
Capital Hilton Hotel, Washington, DCMarch 3, 2008
Van Ness Feldman's Douglas Smith and Kyle Danish will be two of the Program Co-Chairs. Mr. Smith will speak at 10:45 AM on March 3 during the session "Electricity Utility Regulation: Current Regulatory Challenges". Mr. Danish will speak at 3:15 PM on March 3 during the session entitled "Climate Change and Strategies for Electric Utilites and their Regulators".