Compliance, Audits & Enforcement Practice
Issue Alerts
PHMSA Issues Interim Final Rule Establishing Procedures for Safety Orders and Special Permits
Susan Olenchuk, Emily PitlickApril 2, 2008
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued an interim final rule that establishes procedures for issuing Safety Orders and handling requests for emergency and non-emergency Special Permits.
FERC Proposes to Revise Approach to Standards of Conduct for Transmission Providers
Susan Olenchuk, Pam AndersonMarch 26, 2008
The Federal Energy Regulatory Commission issued a notice of proposed rulemaking that would modify the standards of conduct applicable to interstate natural gas pipelines and electric utilities.
PHMSA Proposes Regulations to Permit Certain Gas Transmission
Susan Olenchuk, Tyson KadeMarch 17, 2008
On March 12, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a notice of proposed rulemaking that would amend existing federal pipeline safety regulations to enable operators of gas transmission pipelines to obtain approval to calculate higher maximum allowable operating pressures for certain lines by using higher design factors.
PHMSA Issues Advisory Bulletin Regarding Mechanical Couplings Used in Natural Gas Distribution Systems
Susan Olenchuk, Pam AndersonMarch 5, 2008
On March 4, the Department of Transportation’s Pipeline and Hazardous Material Safety Administration (PHMSA) issued an Advisory Bulletin urging operators of natural gas distribution systems to review their procedures for using mechanical couplings and ensure that design and installation procedures for couplings, leak survey procedures, and personnel qualifications meet federal pipeline safety requirements.
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.
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.
Conference on Enforcement Policy
Federal Energy Regulatory Commission, Washington, DCNovember 16, 2007
This Federal Energy Regulatory Commission conference examines the implementation of FERC's enforcement authority as expanded by the Energy Policy Act of 2005.