On November 15, 2013, the Federal Energy Regulatory Commission (“FERC”) issued a Final Rule amending its regulations to authorize electric transmission providers and interstate natural gas pipelines (collectively, “transmission operators”) to share non-public, operational information to promote reliability and enhance operational planning for both public utilities and pipelines.
Read MoreLast month, FERC issued Order No. 783, which requires oil pipelines to report additional information on their annual FERC Form 6 filings. Specifically, Order No. 783 requires most oil pipelines to include additional information on rate base, rate of return, return on rate base, and income tax allowance on Page 700 of Form 6. Page 700 provides an overview of an oil pipeline’s jurisdictional cost-of-service and is used as a preliminary screening tool to evaluate rates. The order was issued on July 18th.
Read MoreOn July 18, 2013, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) in which it proposes to revise its regulations to authorize electric transmission providers and interstate natural gas pipelines (collectively, “transmission operators”) to share non-public, operational information, not just during emergencies, but on a day-to-day basis, with respect to operations, unplanned outages, and scheduled maintenance.
Read MoreOn March 22, 2013, the Federal Energy Regulatory Commission (“FERC”) issued orders addressing two Regional Transmission Organizations’ (“RTO”) filings to comply with Order No. 1000, FERC’s landmark rulemaking on regional and interregional electric transmission planning and cost allocation. The orders purport to provide greater opportunities for participation and investment in regional transmission by entities that are not currently public utility transmission providers, and set up potential jurisdictional conflicts with state regulators. The orders also reveal FERC’s interpretation of the bounds of the Mobile-Sierra doctrine, as it applies to multi-party RTO agreements, and suggest that FERC may be stepping back from its holding in Order No. 1000 that facilities aimed at addressing transmission system reliability should not be treated differently than other facilities.
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