Tag Archives: Federal Power Act

Seventh Circuit Upholds Illinois ZEC Program for Struggling Nuclear Units

On September 13, 2018, the Court of Appeals for the Seventh Circuit affirmed the trial court’s dismissal of claims that the zero-emission credit (ZEC) program enacted by the Illinois legislature in 2016 violated the U.S. Constitution’s dormant Commerce Clause and was preempted by the Federal Power Act. The Court took the unusual step of requesting an amicus brief from the Federal Energy Regulatory Commission (FERC). … More

Escalation of Cybersecurity Threats to National Power System Prompts FERC to Call for Stricter Reporting Standards

On July 19, the Federal Energy Regulatory Commission (“FERC” or “Commission”), pursuant to its authority under section 215 of the Federal Power Act, issued a final rule directing the North American Electric Reliability Corporation (“NERC”) to develop modifications to NERC’s Reliability Standards as they relate to cyber security incidents. Issuance of the final rule is timely. A recent news article described hackers’ successful infiltration of the control rooms of multiple electric utilities.… More

FERC’S Order on ISO-NE’s Waiver to Retain Mystic Units

On July 2, the Federal Energy Regulatory Commission (“FERC”) issued an Order denying ISO-NE’s request to waive certain tariff provisions which would have permitted cost-of-service agreements for the continued operation of Exelon’s Mystic Units 8 and 9 (“units”). In addition, the Order instituted a proceeding under Section 206 of the Federal Power Act (“FPA”) requiring the ISO to submit interim tariff revisions for a short-term,… More