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Publications
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Updated 07.2023Federal Energy Regulatory Commission (FERC)Lawyer Publications
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05.08.2024FERC Meeting Agenda Summaries for May 2024UpdatesThe summaries are based on publicly available information in the dockets listed on the FERC agenda at the time of publication.
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Updated 04.2024FERC Meeting Agenda SummariesLawyer PublicationsBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meetings.
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04.23.2024FERC Meeting Agenda Summaries for April 2024UpdatesThese summaries are based on publicly available information in the dockets listed on the FERC agenda at the time of publication.
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04.18.2024FERC Upholds Reforms to Interconnection Process, But Will Reforms Be Implemented Fast Enough?UpdatesOn March 21, 2024, FERC issued Order No. 2023-A in which it acted on requests for rehearing or clarification related to nearly all of its landmark reforms to the pro forma generator interconnection processes and generator interconnection agreements adopted last year in Order No. 2023. In Order No. 2023, FERC sought to address interconnection queue backlogs, improve certainty, and prevent undue discrimination for new technologies by adopting major changes to its pro forma GIP and GIA for both large and small projects seeking to connect to the grid.
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04.08.2024CAISO Releases Ambitious 2023-2024 Transmission Plan To Address State’s Climate GoalsUpdatesCalifornia Independent System Operator released its draft 2023-2024 Transmission Plan on April 1, 2024. As expected, the 2023-2024 Plan incorporates projections for significant new generation of renewable energy and plans for major new transmission projects to carry the additional energy.
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03.19.2024FERC Meeting Agenda Summaries for March 2024UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on March 21st, at 10:00 a.m. ET.
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02.13.2024FERC Meeting Agenda Summaries for February 2024UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on February 15th, at 10:00 a.m. ET.
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01.16.2024FERC Meeting Agenda Summaries for January 2024UpdatesThe summaries below are based on publicly available information in the dockets listed on the FERC agenda at the time of publication.
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12.14.2023FERC Meeting Agenda Summaries for December 2023UpdatesThe summaries below are based on publicly available information in the dockets listed on the FERC agenda at the time of publication.
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11.14.2023FERC Meeting Agenda Summaries for November 2023UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on November 16th, at 10:00 a.m. ET. The summaries below are based on publicly available information in the dockets listed on the FERC agenda at the time of publication.
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11.10.2023DOE Study Finds US Must Double Regional Transmission Capacity To Meet 2035 Clean Energy GoalUpdatesLast week, the U.S. Department of Energy released its National Transmission Needs Study, which concludes that there is a pressing need for additional transmission infrastructure.
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11.02.2023FERC Directs NERC To Update Reliability Standards To Address Reliability Gaps Related to IBRsUpdatesAmid the rapidly increasing pace of nonsynchronous resources being added to the electric grid, the Federal Energy Regulatory Commission issued Order No. 901 on October 19, 2023.
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10.18.2023FERC Meeting Agenda Summaries for October 2023UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on October 19th, at 10:00 a.m. ET.
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09.19.2023FERC Meeting Agenda Summaries for September 2023UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on September 21st, at 10:00 a.m. ET.
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07.25.2023FERC Meeting Agenda Summaries for July 2023UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s open meeting to be held on July 27, 2023, at 10:00 a.m. ET. The summaries below are based on publicly available information in the dockets listed on the FERC agenda at the time of publication.
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06.12.2023FERC Meeting Agenda Summaries for June 2023UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on June 15, 2023, at 10:00 a.m. ET.
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05.31.2023EPA’s Ambitious Proposed GHG Emissions Standards May Face ChallengesUpdatesOn May 11, 2023, the U.S. Environmental Protection Agency issued a proposed rule that would adopt new GHG emissions standards for certain coal and natural gas-fired power plants. The Proposed Rule aims to drive down GHGs in the electric generation sector significantly by requiring certain new and existing fossil generation to use CCS by 2035 or co-fire with hydrogen by 2032. Questions remain, however, whether this approach will fare any better than the Clean Power Plan on judicial review.
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05.17.2023DOE Proposes National Interest Electric Transmission Corridor Designation ProcessUpdatesThe U.S. Department of Energy published a combined Notice of Intent and Request for Information on May 9, 2023, that proposes a new applicant-driven, route-specific process to designate National Interest Electric Transmission Corridors.
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05.16.2023FERC Meeting Agenda Summaries for May 2023UpdatesBrief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on May 18, 2023, at 10:00 a.m. ET.
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05.03.2023New Jersey Directs Second Offshore Wind Transmission Procurement Through PJM SAAUpdatesOn April 26, 2023, the New Jersey Board of Public Utilities formally requested that PJM Interconnection, L.L.C. incorporate New Jersey’s increased offshore wind goals into the PJM transmission planning process via the “State Agreement Approach.”
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04.20.2023IRS Issues Guidance on Battery Sourcing Requirements for Clean Vehicle Tax CreditsUpdatesThe Internal Revenue Service published guidance on April 17, 2023, in the form of a Notice of Proposed Rulemaking, detailing the critical minerals and battery components requirements under Section 30D, enacted by the Inflation Reduction Act of 2022.
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04.18.2023FERC Meeting Agenda Summaries for April 2023UpdatesBelow are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on April 20, 2023, at 10:00 a.m. ET.
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04.17.2023Maryland Commits to 8.5 GW of Offshore Wind by 2031, Looks Ahead to Offshore Wind TransmissionUpdatesThe Maryland General Assembly passed the Promoting Offshore Wind Energy Resources Act on April 10, 2023, committing the state to develop 8.5 gigawatts of offshore wind by 2031.
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03.23.2023An Active Quarter for Offshore Wind and Interregional Transmission PlanningUpdatesThis Update discusses a flurry of activity in the first quarter of 2023 from state and federal agencies focused on offshore wind transmission.
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03.15.2023FERC Meeting Agenda Summaries for March 2023UpdatesThis Update provides brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 16, 2023, open meeting.
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03.07.2023FERC Establishes New Monitoring Requirements for Bulk Electric SystemsUpdatesThe Federal Energy Regulatory Commission has published a final rule calling for the North American Electric Reliability Corporation to develop standards for internal network cybersecurity monitoring that will be required for all high-impact bulk electric systems and medium-impact bulk electric systems with external roundtable activity and conduct a study of the security of other bulk electric systems.
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01.23.2023FERC Proposes To Update Its Backstop Siting Authority for Electric Transmission FacilitiesUpdatesThe Federal Energy Regulatory Commission issued a notice of proposed rulemaking to update its regulations governing backstop siting authority for electric transmission projects.
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11.10.2022FERC Sharpens Its Application of Change in Control and Affiliation Concepts Regarding Utility Board RepresentationUpdatesFERC announced clarifications regarding what constitutes a change of control of a public utility or public utility holding company under the Federal Power Act and how it will assess the presumption that investors who own less than 10% of the voting securities of a FERC Regulated Entity are not affiliated with that entity.
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09.14.2022New England Requests Information on Electric Grid Upgrades To Integrate Offshore WindUpdates
Five New England states recently issued a Request for Information seeking comment by October 14, 2022, on changes and upgrades to the regional electric transmission system to integrate renewable energy resources, particularly offshore wind. Through the RFI, the five states seek to improve the grid’s reliability, resilience, and affordability for the region’s electricity customers by integrating renewables and leveraging federal funding for transmission investments. Information received during the comment period will inform the states’ decisions to procure or facilitate transmission investment, inform planning activities, and further inform efforts to secure federal funding, including under the Infrastructure Investment and Jobs Act and the Inflation Reduction Act, and otherwise support infrastructure investment decisions.
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04.25.2022FERC Greenlights PJM and New Jersey Offshore Wind Transmission AgreementUpdatesOn April 14, 2022, the Federal Energy Regulatory Commission accepted a “State Agreement Approach” Agreement between PJM Interconnection, LLC and the New Jersey Board of Public Utilities effective April 15, 2022.
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03.30.2022Record-Setting Auction, Flurry of Transmission Planning Activity Demonstrate Growing Momentum for Offshore WindUpdatesOffshore wind energy development received a huge dose of momentum at the end of February, as the Bureau of Ocean Energy Management (BOEM) held the largest offshore wind lease sale ever in the United States.
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02.02.2022
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12.16.2021Opportunities and Challenges in Biden’s Plan for a Zero-Carbon Federal Government by 2050President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050
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12.16.2021The Biden Administration’s Plan for a Zero-Carbon Federal Government by 2050UpdatesPresident Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.
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11.15.2021How the Infrastructure Investment and Jobs Act and Build Back Better Bill Would Advance the Offshore Wind SectorUpdatesThe $1.2 trillion Infrastructure Investment and Jobs Act, which President Biden signed into law today, and the proposed $1.75 trillion Build Back Better Act (H.R. 5376) each set aside historic investments in clean energy.
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11.01.2021DOE Loan Programs Office Backs Loan Guarantees to Foster Innovation and Achieve 2050 Net Zero Carbon EconomyUpdatesUnder the new leadership of Director Jigar Shah, the U.S. Department of Energy’s Loan Programs Office (LPO) has announced that more than $40 billion is available in loans and loan guarantees to fund innovative energy infrastructure projects.
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07.27.2021FERC Steps Toward Potential Overhaul of Transmission Planning and Cost AllocationUpdates
The Federal Energy Regulatory Commission recently signaled potential wide-reaching reforms to regional electric transmission planning, cost allocation, and generator interconnection processes. Nearing the tenth anniversary of its landmark Order No. 1000, FERC issued an Advanced Notice of Proposed Rulemaking, which examines whether existing approaches adequately account for the transmission needs of a changing resource mix. The ANOPR probes a wide range of topics and appears likely to generate specific proposals for fundamental reform to how we plan and pay for the grid.
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07.09.2021FERC’s Market-Based Rate Relational Database Requirements Go LiveUpdatesFERC’s twice-delayed new relational database is now live and parties must begin to use it in connection with new applications for market-based rate authority or changes to existing market-based rate tariffs.
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10.28.2021 - Updated 04.26.2024
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05.17.2021Ransomware, Cyberattacks, and Cybersecurity for Pipelines and LNG FacilitiesUpdatesThe recent ransomware attack on Colonial Pipeline—one of the largest oil pipelines in the United States that delivers nearly 45% of the fuel consumed on the East Coast—has put a spotlight on a regulatory gap in reliability standards for pipeline infrastructure. This update reviews the current status of federal regulation of pipeline reliability as well as several legislative fixes under consideration.
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04.19.2021FERC Issues Supplemental Proposed Rulemaking on Incentives for Transmission InvestmentUpdates
On April 15, 2021, the Federal Energy Regulatory Commission supplemented the notice of proposed rulemaking (Supplemental NOPR) for transmission incentives it issued last year (2020 NOPR). In its Supplemental NOPR, FERC focused on one hotly contested incentive—the return on equity (ROE) adder for transmitting and electric utilities that join a regional transmission organization, independent system operator, or similar entity (Transmission Organization) and abandoned its proposal in the 2020 NOPR to increase the incentive from 50-basis-points to 100-basis-points. FERC also proposed to sunset the ROE adder three years after the recipient transfers control of its transmission facilities to a Transmission Organization.
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03.26.2021FERC Announces GHG Emissions Assessments in Pipeline Certificate ProceedingsUpdatesOn March 22, 2021, FERC took a step toward reforming the way in which it analyzes greenhouse gas (GHG) emissions for purposes of natural gas pipeline certificates. However, FERC did so via a certificate order rather than a revised policy statement, as many had anticipated, and garnered sharply dissenting opinions from two commissioners as a result.
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01.29.2021Commissioners’ No Votes Speak Volumes About Upcoming Issues Facing FERCUpdatesThe Federal Energy Regulatory Commission held its first monthly meeting of 2021 on January 19, welcoming new Commissioner Mark Christie to his first meeting and taking on a packed agenda.
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10.20.2020Energy Bar Association Ignites Discussion at Virtual Fall ForumUpdatesThe Energy Bar Association held a very well-attended virtual Fall Forum last week. Perkins Coie Partner Jane Rueger, who is president of the EBA this year, opened the Fall Forum with an address that built on the event theme of “Commit, Engage, Ignite.”
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09.23.2020FERC Plants the Seeds for DER Aggregators’ Participation in the RTO/ISO Markets: Work Must Be Done to See What Will GrowUpdatesThe Federal Energy Regulatory Commission issued Order 2222 on September 17, 2020.
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07.22.2020FERC Adopts Sweeping Overhaul to Its PURPA RegulationsUpdatesFor the first time in fifteen years, the Federal Energy Regulatory Commission (FERC) significantly revamped key aspects of its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA).
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07.06.2020D.C. Circuit Overturns Decades of Precedent, Finds FERC Cannot Delay Appellate Review With Tolling OrdersUpdatesOn June 30, 2020, in an en banc review, the U.S. Court of Appeals for the D.C. Circuit concluded that the Federal Energy Regulatory Commission cannot delay judicial review of its decisions by issuance of tolling orders.
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09.25.2019Signals for US Electric StorageArticles
Project Finance International
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05.30.2019Electric Storage: From Idea to ActionArticles
White & Case
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06.14.2017FERC at 40: A Look Back and AheadArticles
Law360
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09.2016Electric Energy Storage: Preparing for the RevolutionArticles
White & Case
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10.2015Power Dynamics: Forces Shaping the Future of Coal in the United StatesArticles
White & Case
Presentations
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10.11.2023Electricity Market Incentives that Ensure Reliability – The Carrot and the StickSpeaking EngagementsPanelist
Energy Bar Association Mid-Year Energy Forum / Washington, D.C. -
07.24.2023Severe Weather Events, Gas-Electric Coordination and Impacts on the Gas MarketsSpeaking EngagementsAmerican Gas Association 46th Annual Legal Forum / Manalapan, FL
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06.06.2023Transmission Rights of First Refusal: Legal and Policy ConsiderationsSpeaking EngagementsPanelist
Electricity Steering Committee Half-Day Event / Washington, D.C. -
01.18.2023Transmission and Interconnection ChallengesSpeaking EngagementsModerator
Tulane Offshore Wind Conference: Overcoming Barriers in the Gulf / New Orleans, LA -
10.19.2022Wired for Wind: The New Landscape for Transmission and InterconnectionSpeaking Engagements
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11.04.2021Emerging Topics in Energy – Environmental Justice, Renewables and InfrastructureSpeaking EngagementsDuring its 2020–21 Session, the Virginia General Assembly enacted the Virginia Clean Energy Act and a host of bills impacting various aspects of renewable energy resource development.
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06.22.2021Pride Month - A Conversation with LZ GrandersonWebinarsModeratorLZ Granderson shared his journey from being in the closet while growing up in a rough neighborhood in Detroit to becoming one of the most visible, openly gay men working in sports today.
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01.27.2020PJM Capacity Markets & Out-of-Market SubsidiesSpeaking EngagementsEquipment Lease & Financing Association / Webinar
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02.06.2018Sector Focus: Energy and Climate Finance Opportunities WithinSpeaking EngagementsPanelist
Financial Times 2018 Climate Finance Summit / New York, NY
