Pushing through a record hurricane season has tested the resiliency of the human spirit, as well as that of the energy infrastructure we so heavily rely upon. In the last month, we have seen efforts on multiple fronts with a focus on ensuring the reliability and resiliency of the nation’s electric grid. In mid-September, the … Continue reading
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
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
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
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
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