On December 15, 2016,the Federal Energy Regulatory Commission (FERC) proposed broad regulatory changes to enhance the interconnection processes first developed in 2003, prior to the proliferation of new generation resources and transmission investments. FERC issued a Notice of Proposed Rulemaking (NOPR) that proposes to modify many aspects of the large generator interconnection process. The full client alert is available on Husch Blackwell’s Energy and Natural Resources page.
The Federal Energy Regulatory Commission (“FERC”), in a recent Notice of Inquiry (NOI), is exploring whether to revise its current approach to identifying and analyzing market power in the context of Federal Power Act Section 203 (utility mergers and acquisitions) and 205 (market based rate authorizations). Currently, FERC uses separate methodologies when analyzing an entity’s market power when an entity seeks prior-approval of a merger or similar jurisdictional transaction under Section 203, and when an entity applies for authority to sell energy products in FERC-regulated wholesale energy markets under Section 205. Through this NOI, FERC seeks comments on whether it should “harmonize” and “streamline” these two market-power analysis methods. Continue Reading FERC Considers “Streamlining” Analysis of M&A Approval and MBR Authority
In a recent Notice of Proposed Rulemaking (NOPR) the Federal Energy Regulatory Commission (FERC) proposes new data collection and filing requirements for market-based rate sellers (MBR) and entities trading virtual products or holding financial transmission rights (Virtual/FTR Participants). The new requirements purport to improve the Commission’s surveillance of wholesale power markets through disclosure of financial and legal connections among market participants and other entities in Commission-jurisdictional electric markets. According to FERC, the requirements will facilitate both the sharing of data across different information systems and reporting into FERC’s eLibrary system. Continue Reading FERC Proposes New Requirements for Market Based Rate Sellers