Tom Marshall

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FERC Grants ISO-NE’s Request to Prevent Disclosure of Confidential Retirement Bid

By Tom Marshall on October 16, 2019

On October 8, 2019, FERC accepted ISO New England Inc.’s (“ISO-NE”) public and private versions of a filing containing the de-list bids (“De-List Bids”) and substation auction test prices (“Test Prices”) for the fourteenth Forward Capacity Auction (“FCA 14”), to be held in February 2020 and to become effective August 27, 2019. In the process, FERC also granted ISO-NE’s requested waiver of FERC’s regulations requiring parties requesting privileged treatment of their filings to provide a…

Washington Energy Report

President Trump to Nominate James P. Danly for Commissioner of FERC

By Tom Marshall & Russell Kooistra on October 8, 2019

On September 30, 2019, President Donald Trump announced his intent to nominate James P. Danly for Commissioner of FERC. If confirmed by the Senate, Mr. Danly would fill the seat vacated by the passing of former Chairman Kevin McIntyre for a term to expire on June 30, 2023, resulting in three Republican Commissioners and one Democratic Commissioner.…

Washington Energy Report

FERC Finds New Hampshire Biomass and Waste Statute Preempted by the Federal Power Act

By Tom Marshall on October 3, 2019

On September 19, 2019, FERC granted a petition for declaratory order by the New England Ratepayers Association (“New England Ratepayers”), which asked FERC to find that a New Hampshire statute, Senate Bill 365 (“SB 365”), mandating a purchase price for wholesale sales of certain biomass and waste generators in the state, is preempted by the Federal Power Act (“FPA”) and violates section 210 of the Public Utility Regulatory Policies Act of 1978 (“PURPA”).…

Washington Energy Report

FERC Directs Briefing Procedures on Overlapping Congestion Charges for Pseudo-Tie Transactions Between MISO and SPP

By Tom Marshall on September 25, 2019

On September 19, 2019, FERC concurrently issued two orders granting in part separate complaints filed by American Electric Power Service Corporation (“AEP”) and the City of Prescott, Arkansas (“Prescott”) finding that, to the extent loads pseudo-tied from Midcontinent Independent System Operator, Inc. (“MISO”) to Southwest Power Pool, Inc. (“SPP”) are subject to overlapping or duplicative congestion charges by both MISO and SPP, then such charges are unjust, unreasonable, unduly discriminatory, or preferential. On the same…

Washington Energy Report

Executive Summary of FERC’s Notice of Proposed Rulemaking regarding the Public Utility Regulatory Policies Act of 1978

By Kelsey Bagot, Katherine O'Konski, Russell Kooistra, Adrienne Thompson, Tom Marshall & Sidney Villanueva on September 20, 2019

Summary of NOPR On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to revise its regulations implementing Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA) in light of changes in the energy industry since 1978.[1]…

Washington Energy Report

NERC Issues Lessons Learned Report Regarding March 5, 2019 Cybersecurity Incident

By Tom Marshall & Elizabeth McCormick on September 18, 2019

On September 4, 2019, the North American Electric Reliability Corporation (“NERC”) published a Lessons Learned report (“Report”) analyzing a March 5, 2019 cybersecurity incident that caused brief communications outages across several states. NERC also provided guidance on how to avoid the firewall firmware vulnerabilities that made the cybersecurity incident possible.…

Washington Energy Report

FERC Dismisses ATI’s Petition Relating to Determination of FERC Jurisdiction Over ATI’s Proposed Alternative Transmission Facilities and Services

By Tom Marshall & Elizabeth McCormick on September 10, 2019

On August 22, 2019, FERC dismissed as premature Alternative Transmission Inc.’s (“ATI”) petition for declaratory order (“Petition”) asking FERC to declare that ATI’s alternative transmission facilities and services are subject to FERC’s jurisdiction and that ATI, as the owner and operator of the facilities, will be a public utility under the Federal Power Act (“FPA”).…

Washington Energy Report

Third Circuit Holds that State Law Controls in Pipeline Eminent Domain Just Compensation Dispute

By Tom Marshall on August 1, 2019

On July 23, 2019, the U.S. Court of Appeals for the Third Circuit (“Third Circuit”) ruled that state substantive law should be used as the federal standard when determining landowners’ compensation in condemnation actions brought by private entities acting under the Natural Gas Act of 1938 (“NGA”). The Third Circuit ruling reversed a decision by the U.S. District Court for the Middle District of Pennsylvania (“District Court”) and remanded the case for further proceedings.…

Washington Energy Report

FERC Revises Data Submission Requirements for Market-Based Rate Sellers

By Tom Marshall & Russell Kooistra on July 24, 2019

On July 18, 2019, FERC issued a final rule (“Order No. 860”) revising its data collection and reporting requirements for market-based rate (“MBR”) sellers (“MBR Sellers”). FERC will require MBR Sellers to provide certain information about corporate relationships and affiliations through a “relational database” that FERC will implement over the next year and a half. Among other things, FERC adopted reforms to (1) revise the scope of ownership information provided by MBR Sellers in their…

Washington Energy Report

FERC Rejects MISO Tariff Revisions Regarding Cost Allocation for Regional and Local Economic Transmission Projects

By Tom Marshall & Elizabeth McCormick on July 18, 2019

On June 24, 2019, FERC rejected the Midcontinent Independent System Operator, Inc.’s (“MISO”) and the MISO Transmission Owners’ (collectively, “Filing Parties”) tariff revisions regarding cost allocation for regional and local economic transmission projects, finding that the cost allocation methodology related to the Filing Parties’ newly proposed Local Economic Project category was inconsistent with the cost-causation principle. FERC rejected the Filing Parties’ filing as a whole based on the above finding, however FERC did provide guidance…

Tom Marshall

FERC Grants ISO-NE’s Request to Prevent Disclosure of Confidential Retirement Bid

President Trump to Nominate James P. Danly for Commissioner of FERC

FERC Finds New Hampshire Biomass and Waste Statute Preempted by the Federal Power Act

FERC Directs Briefing Procedures on Overlapping Congestion Charges for Pseudo-Tie Transactions Between MISO and SPP

Executive Summary of FERC’s Notice of Proposed Rulemaking regarding the Public Utility Regulatory Policies Act of 1978

NERC Issues Lessons Learned Report Regarding March 5, 2019 Cybersecurity Incident

FERC Dismisses ATI’s Petition Relating to Determination of FERC Jurisdiction Over ATI’s Proposed Alternative Transmission Facilities and Services

Third Circuit Holds that State Law Controls in Pipeline Eminent Domain Just Compensation Dispute

FERC Revises Data Submission Requirements for Market-Based Rate Sellers

FERC Rejects MISO Tariff Revisions Regarding Cost Allocation for Regional and Local Economic Transmission Projects

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