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Inflation Reduction Act
Post-Election Analysis from Bracewell’s Policy Resolution Group (PRG): Implications for U.S. Energy and Environmental Policy
PRG’s Scott Segal , Tim Urban and Eric Washburn led a discussion about the 2020 election outcome and the impact it will have on the Energy and Environment industries through political and policy analysis.
The PRG Pulse 2020 Post Election Webinar
Guest Speakers for the PRG Pulse 2020 Post-Election Webinar Michael Gottlieb: Former Counsel to President Obama and Senior Advisor on political-military affairs Ron Minsk: Former Special Assistant to President Obama on energy and environmental affairs at the White House National...
FERC Issues Settlement Order Reaffirming “Gaming” Prohibition in Power Markets
Last week the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreement involving High Desert Power Project, LLC (High Desert) and Middle River Power LLC. (Middle River) to resolve allegations of market manipulation in the California...
FERC Proposes Policy Statement Encouraging RTOs/ISOs to Develop Rules Incorporating State Determined Carbon Prices
On October 15, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Proposed Policy Statement regarding carbon pricing in organized wholesale electricity markets. In short, the statement would clarify that the Commission has “jurisdiction over RTO/ISO market...
FERC Issues Landmark Order on Distributed Energy Resources
The Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule, Order No. 2222 , at its September 17, 2020 open meeting that aims to remove barriers for distributed energy resources (“DER”) to participate in wholesale markets regulated...
FERC Redefines QF Eligibility Requirements
On September 1, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order breaking with decades of precedent regarding how it will determine whether a renewable resource is eligible for certification as a qualifying small power production facility...
FERC Staff Report on High Voltage Transmission Development to Congress
On Friday, August 7, 2020, Federal Energy Regulatory Commission (“FERC”) Staff sent a report to Congress examining the “barriers and opportunities for high voltage transmission.” FERC Staff prepared this report in accordance with the Congressional directive contained in the 2020...
FERC Finalizes Reforms to PURPA Regulations
On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 , a final rule that the Commission explains is intended to implement its statutory mandate to update rules promulgated pursuant to the Public Utility...
Electric Transmission and Distribution Utilities and FERC COVID-19 Relief
On March 13, 2020, President Trump deemed the COVID-19 outbreak in the United States a national emergency as of March 1, 2020. [1] Due to the pandemic, certain electric transmission and distribution public utilities have experienced electricity demand that differs...
FERC Proposes To Limit Availability Of Tariff Waivers
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...
The Commodity Futures Trading Commission Guidance
The Commodity Futures Trading Commission (“CFTC” or “Commission”) Division of Enforcement (“Division”) today issued “ Civil Monetary Penalty Guidance ” regarding factors staff will consider when recommending civil monetary penalties to the Commission. The guidance tracks with prior guidance and...
Montana District Court Vacates and Remands Clean Water Act Nationwide Permit 12
In a surprisingly broad decision, the District of Montana vacated the U.S. Army Corps of Engineers (“Corps”) Nationwide Permit (“NWP”) 12 on April 15, 2020. NWP 12 authorizes impacts from “utility line activities” to jurisdictional waters that have minimal individual...
FERC Issues Notice of Proposed Rulemaking Aimed At Increasing Incentives for Transmission Investment
After a 2-1 vote, on March 20, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”), proposing to revise its existing electric transmission incentives policy and corresponding regulations to enhance opportunities for...
FERC Issues Notice of Proposed Rulemaking Aimed At Increasing Incentives for Transmission Investment
After a 2-1 vote, on March 20, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”), proposing to revise its existing...
As Cyberthreats Continue, PHMSA and TSA MOU Stresses Information Sharing and Coordination
The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Transportation Security Administration (TSA) recently finalized an Annex to a longstanding Memorandum of Understanding (MOU) regarding pipeline safety and security. This Annex comes just weeks after a publicized natural gas...