FERC Revises Market-Based Rate Seller Requirements

NOTE: Since the original publication of this post, FERC has postponed the implementation of Order No. 860. The order now becomes effective on July 1, 2021 and baseline filings into the new relational database are due on November 2, 2021. Our blog post detailing these changes can be found here . On July 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued two final rules—Order Nos. 860 and 861—adopting changes to the regulations and policies applicable to companies selling energy, capacity, or ancillary services at market-based rates (“MBR”). Collectively, the final rules make...
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Finding New FPA Authority, FERC Makes Policy Change to Authorize Retroactive Surcharges (and Maybe More)

Historically, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) has maintained a policy whereby it will not order refunds stemming from rate design and cost allocation rulings, reasoning that it was statutorily barred from instituting offsetting surcharges. [1] In June 2019, however, FERC altered this policy to allow it to grant such refunds. FERC based its policy change on its determination that, at least with respect to Federal Power Act (“FPA”) § 206 [2] proceedings, FPA § 309 grants the agency broad remedial authority to require retroactive surcharges. In Black Oak...

EPA’s Enforcement Statistics and Priorities – the Trump Administration’s Shift in Focus Toward Collaboration and Greater Coordination with the States

----------------------------------------------------------------------------------------------------------------------- Special thanks to our 2019 Summer Associate, Craig Jones , for co-authoring this article. ----------------------------------------------------------------------------------------------------------------------- Over the last few months, EPA’s enforcement priorities under the Trump Administration have come into sharper focus. The Fiscal Year 2018 Enforcement Annual Results offer a snapshot of a full year of the agency’s enforcement activity under Senate-confirmed leadership...

Highlights from the Trump Administration’s Rulemaking Agenda

The Office of Management and Budget’s Spring 2019 Unified Regulatory Agenda includes many items with significant implications for the energy and infrastructure sectors. This blog post offers highlights from the Agenda, with an emphasis on upcoming actions by the Department of the Interior, Environmental Protection Agency, Army Corps of Engineers, and the Council on Environmental Quality. A few particularly big ticket items are on the horizon : The White House Council on Environmental Quality will issue a proposed revision to the regulations implementing the National Environmental Policy Act (...