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Electricity

This category contains 35 posts

FERC Underestimates its Authority: Recoupment vs. Refund of Unjust & Unreasonable Rates

The Federal Energy Regulatory Commission (FERC) has the authority to order a public utility to refund to its customers rates that FERC determines to be unjust and unreasonable. But what if FERC later determines that the public utility should not have paid the refund? Does FERC have the authority to order the customer to return … Continue reading

EIB Energy Highlights: FERC Nominees to Restore Quorum, Clean Power Plan Rescission, Infrastructure Bills & More

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

As Agency Enforcement Efforts Mount, CFTC Prohibits Private Lawsuits Against RTOs/ISOs for Market Manipulation

Incidents of alleged fraud and market manipulation in the energy markets increasingly have received the attention of federal agency enforcement efforts, including the Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC). Our recent post highlights FERC’s growing efforts to combat market manipulation. And on November 21, 2016, the CFTC released its … Continue reading

EIB Energy Highlights: FERC on Cybersecurity, Clean Power Plan Hearing Agenda, NatGas & Oil Exports Rise & More

EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More

Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale electricity sales in Hughes v. Talen Energy Marketing, LLC, 578 U.S. ___ (2016). In the midst of rapid transformation in the energy industry, the expansion … Continue reading

Energy Industry Target of Cyber-Attacks and Congressional Efforts to Bolster Security

Cybersecurity of the electric power grid and energy sector as a whole has been the subject of heightened Congressional attention given the integral role the industry plays in our economy. According to a 2015 U.S. Senate committee report, nearly one-third of reported cyber-attacks involve the energy sector. Not surprisingly, the 114th Congress (2015-2016) has introduced … Continue reading

Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability

Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____ (2016) confirming that the Federal Energy Regulatory Commission (FERC) does have the authority under the … Continue reading

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

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The landscape of the energy industry is rapidly changing, with a focus on the development of clean, domestic energy sources and a secure, reliable energy infrastructure driving significant changes in the interdependency of energy industry segments and an increase in government regulation. Continued growth in the domestic production of oil and natural gas has positioned the U.S. to be an energy exporter in the global market and will have a marked impact on the course of the industry’s development.

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