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Adobe PDFFERC Order No. 1000-A Rejects Revisions but Clarifies Policies for Transmission Planning and Cost Allocation by Transmission-Owning and -Operating Public Utilities
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
May 30, 2012, previously published on May 25, 2012
The Federal Energy Regulatory Commission (FERC) recently issued Order No. 1000-A, an order on rehearing and clarification of its landmark Order No. 1000, which established new requirements for transmission planning and cost allocation. Although FERC rejected all legal challenges to Order No. 1000...

 

Adobe PDFFERC Asserts Jurisdiction over Bundled REC Sales
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
May 10, 2012, previously published on May 8, 2012
The Federal Energy Regulatory Commission (FERC) recently issued an order to clarify the circumstance under which its regulatory authority extends over sales of Renewable Energy Certificates (RECs); specifically, when such a sale is bundled with the sale of electric energy at wholesale. The order,...

 

Adobe PDFFERC Reexamines Policies on Open Access for Generator Interconnection Facilities
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
April 24, 2012, previously published on April 23, 2012
The Federal Energy Regulatory Commission (FERC) has issued a Notice of Inquiry (NOI) requesting public comments on its policies regarding priority rights to the use of facilities used to interconnect generation to the transmission grid. The proceeding could lay the groundwork for significant...

 

Adobe PDFNew Compensation for Frequency Regulation Service Established By FERC
Sean A. Atkins, Kenneth G. Jaffe, Stephen C. Palmer, Stacey Tyrewala, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
November 11, 2011, previously published on November 7, 2011
The Federal Energy Regulatory Commission (FERC) recently established a new two-part method for compensating resources that provide frequency regulation service. The new FERC-mandated compensation method could encourage the deployment of electricity storage devices and thereby enable greater...

 

Adobe PDFFERC Orders Generators to Comply with Transmission-Related NERC Reliability Standards
Sean A. Atkins, Kenneth G. Jaffe, Stephen C. Palmer, Walton Harris Walker III, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
June 23, 2011, previously published on June 20, 2011
The Federal Energy Regulatory Commission (FERC) has denied the appeals of two wind generators from The North American Electric Reliability Corporation (NERC) decisions that they must register as transmission owners and operators for reliability purposes. The June 16, 2011, order may increase...

 

Adobe PDFFERC Explores Participant-Funded Transmission Project Issues, Requests Comments
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
March 29, 2011, previously published on March 24, 2011
On March 15, 2011, the Federal Energy Regulatory Commission (FERC) hosted a technical conference addressing issues related to the ownership of and priority access rights to new participant-funded transmission projects, both independent/merchant transmission lines and generator lead lines. A summary...

 

Adobe PDFFERC Seeks Comment on Horizontal Market Power Analysis
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
March 23, 2011, previously published on March 21, 2011
The recent issuance of new guidelines by the Department of Justice (DOJ) and Federal Trade Commission (FTC) regarding the competitive impact of mergers has prompted the Federal Energy Regulatory Commission (FERC) to seek public input on its approach to examining horizontal market power concerns.

 

Adobe PDFFERC Issues Regulations Requiring Standardization of Demand Response Compensation in Wholesale Electricity Markets
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
March 21, 2011, previously published on March 17, 2011
On March 15, 2011, the Federal Energy Regulatory Commission (FERC) amended its regulations under the Federal Power Act to establish a uniform, nationwide approach to compensation for demand response resources participating in a market administered by a Regional Transmission Organization (RTO) or...

 

Adobe PDFFERC Rejects Market Manipulation Claim in PJM Demand Response Program
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
March 16, 2011, previously published on March 11, 2011
Demand response is one of the Federal Energy Regulatory Commission’s (FERC, or the “Commission”) top initiatives. Not surprisingly, FERC recently acted quickly to remove any market uncertainty that had been created by a February 4, 2011, joint statement issued by PJM...

 

Adobe PDFDeadline Approaching for Conversion to FERC’s New eTariff Requirements
Sean A. Atkins, Kenneth G. Jaffe, Michael N. Kunselman, Stephen C. Palmer, Andrea Wolfman; Alston & Bird LLP;
Legal Alert/Article
July 1, 2010, previously published on June 23, 2010
All companies with FERC tariffs are required to refile their currently effective tariffs no later than September 30 to comply with the FERC’s electronic tariff (eTariff) requirements established in Order 714. Major utilities, RTO/ ISOs, pipelines and others with large tariffs have been...