FERC Proposes To Limit Availability Of Tariff Waivers
Posted on: May 27, 2020 By: Stephen Hug, Catherine McCarthy, David Perlman
At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements. [1] As discussed further below, the proposed policy statement represents a marked change relative to FERC’s existing practices on tariff waivers and, if adopted, would limit the circumstances in which an entity would be able to obtain waiver of a tariff provision to excuse actions or omissions occurring prior to the submission of a petition for relief. When issuing the proposed policy,...