On Nov. 17, the IRS and Treasury Department released long-awaited proposed regulations for the Section 48 investment tax credit. Representing the first update to these regulations since 1987, they provide instructions reflecting new statutes under the Inflation Reduction Act of 2022, incorporate previous legislative changes and formally adopt administrative guidance the energy market has used
Federal & State Energy Regulation
30-Day Initial Application Window for Low-Income Communities Bonus Credit Fast Approaching
On Oct. 19, 2023, the Department of Energy began accepting applications for all categories of the Low-Income Communities Bonus Credit Program for small-scale wind and solar projects. Read on for further details about the submission portal and the tax credit program.
FERC Proposes Overhauling Electronic Quarterly Report Filing Process and Data Submission
On Oct. 19, the Federal Energy Regulatory Commission issued a notice of proposed rulemaking to modify filing processes for electronic quarterly reports and revise and eliminate a number of data fields and definitions. Read on for an overview of the proposed changes and implications for EQR filers.
Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas
On Sept. 29, the Supreme Court of Texas announced it will review a lower court’s reversal of two winter storm Uri orders in 2021 by the Public Utility Commission of Texas that raised power prices in the Electric Reliability Council of Texas, impacting countless companies and consumers. Read on to learn more about the latest…
FERC Implements Generator Interconnection Process Reforms: Compliance Filings Due December 2023
On September 6, 2023, the Federal Register published the Federal Energy Regulatory Commission’s (FERC) Order No. 2023, ‘Improvements to Generator Interconnection Procedures and Agreements,’ a 1,000+ page Final Rule adopting reforms to generator interconnection procedures and amending the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma Large Generator Interconnection Agreement (LGIA), the…
PHMSA Announces Proposed Rulemaking Affecting Natural Gas Distribution Systems
On Aug. 24, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration announced the forthcoming publication of proposed rules intended to increase the safety of gas distribution pipelines nationwide. Read on for a brief overview of the proposal, which aims to improve emergency response plans, integrity management plans and operation manuals.
High Court Opens Door to Suits Against FERC, McGuireWoods Attorneys Write in Law360
By Todd Mullins & Emily Song on
Recent U.S. Supreme Court decisions letting federal courts hear constitutional challenges to enforcement proceedings at federal agencies opened the door to similar challenges to in-house enforcement proceedings at the Federal Energy Regulatory Commission (FERC), McGuireWoods Washington, D.C., partner Todd Mullins and associate Emily Song wrote in Law360.Continue Reading High Court Opens Door to Suits Against FERC, McGuireWoods Attorneys Write in Law360
McGuireWoods Releases Update to One-of-a-Kind FERC Enforcement Reporter
By Carrie Mobley & Corban Coffman on
Posted in Federal & State Energy Regulation
Over the past year, there have been major Federal Energy Regulatory Commission developments as more cases moved from the agency to adjudication in the courts. McGuireWoods’ update to its innovative FERC Enforcement Reporter — led by lawyers Carrie Mobley and Corban Coffman — organizes energy enforcement cases from 2005 to present by topic and presents…
PUCT Winter Storm Uri Orders Reversed and Remanded by Texas Court of Appeals
On March 17, 2023, the Texas Court of Appeals for the Third District issued an opinion reversing two winter storm Uri orders by the Public Utility Commission of Texas (PUCT) that had raised power prices in ERCOT to $9,000/MWh. ERCOT, the Electric Reliability Council of Texas, manages the electric grid for most, but not all, of Texas and serves approximately 26 million customers.
The decision by the Court of Appeals in Luminant Energy Company LLC v. Public Utility Commission of Texas, No. 03-21-00098-CV, has the potential to affect certain transactions made under the PUCT’s orders. The Court of Appeals not only reversed the PUCT’s orders but remanded them for further proceedings. Should the Court of Appeals’ opinion be upheld, it is unclear how the PUCT will resolve the pricing issues, but it would likely need to hold proceedings to address them. The opinion also raised questions about the authority of the PUCT to issue price caps for Texas’ energy market. Continue Reading PUCT Winter Storm Uri Orders Reversed and Remanded by Texas Court of Appeals
More Courts Reject FERC’s Jurisdictional Claims in Battle Over Rejection of Filed-Rate Contracts in Bankruptcy
Posted in Federal & State Energy Regulation, Oil & Gas
Debtors in bankruptcy have broad authority to shed unfavorable contracts through the executory contract rejection process, subject to approval of the bankruptcy court. The Federal Energy Regulatory Commission (FERC), on the other hand, has exclusive jurisdiction over any request to modify or abrogate a “filed rate” under the Federal Power Act and the Natural Gas Act, which includes certain power purchase agreements and natural gas transportation contracts. For years, debtors and distressed counterparties faced uncertainty as to whether a bankruptcy court’s rejection order could fully relieve the debtor from performing under a filed-rate contract or if further relief from FERC (potentially applying the stringent “public interest” standard set out in the Mobile-Sierra line of cases) may be necessary to excuse future performance.
Continue Reading More Courts Reject FERC’s Jurisdictional Claims in Battle Over Rejection of Filed-Rate Contracts in Bankruptcy