what does a ferc attorney do in a firm

by Prof. Samson Gerlach I 9 min read

Practitioners in the energy regulatory field participate in administrative proceedings before Federal and State regulatory agencies, pursue judicial review of regulatory orders (where necessary), counsel clients on the application of energy regulatory law to their businesses and projects, and assist clients with related compliance, audit, and enforcement matters.

We represent and advise utilities, power marketers, and market participants on a multitude of issues related to FERC statutes, rules, regulations and orders, including representing clients in compliance, investigations and enforcement proceedings.

Full Answer

What is an FERC a certificate?

At FERC, the attorney can work with DAA and oversee audits. They can draft Commencement Letters, Preliminary Notices of Violation, Stipulation and Consent Agreements, and Orders to Show Cause. The project finance attorney represents FERC in administrative actions, as well as appeals in federal court.

What is the FERC service list?

May 08, 2014 · At first, the Gates brothers tried to adhere to the insider playbook and hired an attorney from White & Case, a D.C.-based law firm that does frequent business in front of FERC.

What does the Federal Energy Regulatory Commission do?

The Federal Energy Regulatory Commission (FERC) is the federal agency responsible for the oversight of our nation’s interstate electricity, natural gas, oil, and renewable energy transmission facilities. With the enactment of the Energy Policy Act of 2005 (EPAct 2005), FERC’s regulatory and law enforcement authority expanded significantly; and, since then, FERC has …

Do natural gas pipelines need FERC approval?

May 08, 2014 · The Gates brothers first did the thing someone would normally do — they had a FERC problem, so they hired a FERC lawyer. As the Wall Street Journal article reports: At first, the Gates brothers tried to adhere to the insider playbook and hired an attorney from White & Case, a D.C.-based law firm that does frequent business in front of FERC.

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Where does FERC have jurisdiction?

While FERC has jurisdiction over hydropower projects, FERC has no authority over the construction or maintenance of power generating plants and has significant limited jurisdiction over transmission line siting.

Is FERC an executive agency?

FERC also reviews proposals to build interstate natural gas pipelines, natural gas storage projects, and liquefied natural gas (LNG) terminals, in addition to licensing non-federal hydropower projects....Federal Energy Regulatory Commission.Agency overviewHeadquartersWashington, D.C., U.S.Agency executiveRichard Glick, ChairmanWebsitewww.FERC.gov4 more rows

What is FERC approval?

FERC does approve interstate wholesale electric transmission sales and tariffs that may encourage companies to build transmission lines.

What is FERC in accounting?

In the United States of America the Federal Energy Regulatory Commission (FERC) requires public utilities and licensees to maintain their books and records in accordance with the Commission's Uniform System of Accounts (USOA).

What pipelines does FERC regulate?

The Federal Energy Regulatory Commission, or FERC, is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects.Nov 19, 2020

Does FERC regulate TVA?

In the early years the TVA was financed through federal appropriations. The 1959, the TVA act authorized the TVA to “self-finance,” giving the TVA more freedom in making investment decisions. ... TVA's rates are not subject to state or FERC regulation but are set by the TVA's board of directors.

How long does FERC approval take?

Depending on the filing type, review by one of our Program Offices may be in progress. This review could take up to 24 hours. There are also periods during which the filing queue may receive a large influx of filings. In any event, filings should be accepted or rejected within 24 hours.

Does FERC regulate oil pipelines?

FERC has no jurisdiction over construction or maintenance of production wells, oil pipelines, refineries, or storage facilities. The Environmental Protection Agency has jurisdiction over oil spills.

Does FERC regulate solar?

Solar wholesale generation interconnection is under FERC's jurisdiction because it involves a wholesale power sales transaction, typically to a utility.

Is FERC part of DOE?

The Federal Energy Regulatory Commission (FERC), an independent agency within DOE, regulates the interstate transmission of natural gas, crude oil, refined petroleum products, and electricity, as well as the interstate sale of electricity at wholesale.

What is FERC financial statements?

FERC Forms 2, 2-A, and 3-Q are designed to collect financial and operational information form natural gas companies subject to the jurisdiction of the Federal Energy Regulatory Commission. These reports are also considered to be a non-confidential public use forms.

What is uniform system of Accounts?

When several hotels and restaurants follow the same accounting principles and practices, it is called the uniform system of accounting. ... It simply denotes a situation in which a number of hotel units use the same accounting principles and practices.

What department is FERC under?

the Department of EnergyThe Federal Energy Regulatory Commission (FERC) is an independent agency within the Department of Energy which regulates the interstate transmission of electricity, natural gas, and oil.

What do energy regulators do?

The Role of the Regulator Regulators have to evaluate utilities' investments in cyber to ensure that consumers pay a fair and affordable rate, just as they do with decisions about building new transmission lines or substations.

How long do FERC commissioners serve?

five-yearOverview. The Federal Energy Regulatory Commission (FERC) is composed of up to five commissioners who are appointed by the President of the United States with the advice and consent of the Senate. Commissioners serve five-year terms, and have an equal vote on regulatory matters.Dec 3, 2021

What are FERC forms?

The FERC Form No. 1-F (Form No. 1-F) is a financial and operating report submitted annually for electric rate regulation, market oversight analysis, and financial audits by Nonmajor electric utilities and licensees.

What is the mission of FERC?

FERC's Mission: Economically Efficient, Safe, Reliable, and Secure Energy for Consumers. Assist consumers in obtaining economically efficient, safe, reliable, and secure energy services at a reasonable cost through appropriate regulatory and market means, and collaborative efforts.Aug 19, 2021

Does FERC regulate TVA?

In the early years the TVA was financed through federal appropriations. The 1959, the TVA act authorized the TVA to “self-finance,” giving the TVA more freedom in making investment decisions. ... TVA's rates are not subject to state or FERC regulation but are set by the TVA's board of directors.

What is FERC approval?

FERC does approve interstate wholesale electric transmission sales and tariffs that may encourage companies to build transmission lines.

Does FERC regulate oil pipelines?

FERC has no jurisdiction over construction or maintenance of production wells, oil pipelines, refineries, or storage facilities. The Environmental Protection Agency has jurisdiction over oil spills.

Does FERC regulate intrastate pipelines?

The FERC pursuant to section 311(a)(2) requires that: intrastate pipelines or. local distribution pipelines.Feb 18, 2021

What pipelines does FERC regulate?

The Federal Energy Regulatory Commission, or FERC, is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects.Nov 19, 2020

What does a FERC commissioner do?

The Federal Energy Regulatory Commission (FERC) is the United States federal agency that regulates the transmission and wholesale sale of electricity and natural gas in interstate commerce and regulates the transportation of oil by pipeline in interstate commerce.

Can the President remove the FERC commissioner?

The Commission shall be composed of five members appointed by the President, by and with the advice and consent of the Senate. ... Members shall hold office for a term of 5 years and may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.

Who Must file FERC Form 1?

Each Major electric utility, licensee, or other, as classified in the Commission's Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject To the Provisions of The Federal Power Act (18 C.F.R. Part 101), must submit FERC Form 1 (18 C.F.R. § 141.1), and FERC Form 3-Q (18 C.F.R. § 141.400).

How do I file a FERC?

File in Hardcopy or Digital All official communication to FERC on a specific case or proceeding must be filed using eFiling, mail or delivery services. When filing documents related to existing proceedings and cases, you should include the docket number in your filing.

What is FERC Form 556?

556 - Certification of QF Status for Small Power Production and Cogeneration Facilities. In February 1995, the Commission instituted the FERC Form No. 556 filing requirement, which should be included with any application for Commission certification/recertification or notice of self-certification/self-recertification.

What is the FERC law?

The Federal Energy Regulatory Commission (FERC) has broad law enforcement authority under the Energy Policy Act of 2005 (EPAct 2005). If your company is being targeted by FERC, your immediate priority should be to avoid an Order to Show Cause.

How does FERC work?

Similar to other federal agencies, FERC executes its law enforcement duties by conducting investigations that target suspected violators. Typically, a FERC investigation will be triggered by one of five possible factors: A company’s self-report of a statutory or regulatory violation; A call to FERC’s Enforcement Hotline;

What is the FERC jurisdiction?

The statutes that fall within FERC’s law enforcement jurisdiction include: Under these laws (and their enabling regulations), FERC has the jurisdiction to oversee a broad range of activities in the electricity, natural gas (including liquified natural gas (LNG), oil, and renewable energy sectors.

How much did Barclays pay in penalties?

Barclays Agrees to $105 Million in Civil Penalties and Disgorgement – In 2017, Barclays Bank PLC agreed to pay $70 million in penalties and $35 million in disgorgement after a five-year legal battle with FERC.

What is the Natural Gas Policy Act?

Natural Gas Policy Act (15 U.S.C. Section 3414) Under these laws (and their enabling regulations), FERC has the jurisdiction to oversee a broad range of activities in the electricity, natural gas (including liquified natural gas (LNG), oil, and renewable energy sectors. For example, FERC has the authority to issue Orders to Show Cause ...

What does FERC examine before conducting an investigation?

Prior to conducting an investigation, FERC will examine the self-report or the basis for the complaint or referral in order to determine whether there is a sufficient basis to support devoting agency resources. Factors FERC considers when determining whether to investigate a company include (but are not limited to):

What are the methods used by FERC?

If FERC staff decide that an investigation is warranted, they will begin gathering information, “through customary discovery methods such as data and document requests, interrogatories, interviews, and depositions.” With regard to timing and targeted companies’ involvement in the investigative process, FERC states:

What is the Federal Energy Regulatory Commission?

Energy Regulatory Law at the Federal level deals principally with regulation by the Federal Energy Regulatory Commission (FERC) of electric utilities and non-utility generators, interstate natural gas pipelines, oil pipelines, and non-Federal hydroelectric projects.

Which agency regulates nuclear power plants?

Other key Federal agencies include: The Nuclear Regulatory Commission, which licenses nuclear power plants and supervises their safety. The Department of Energy, which sets appliance efficiency standards, and authorizes imports and exports of natural gas and exports of electricity.

What is the FERC?

The Federal Energy Regulatory Commission (FERC), an independent agency within DOE, regulates the interstate transmission of natural gas, crude oil, refined petroleum products, and electricity, as well as the interstate sale of electricity at wholesale. Among other actions, FERC: 1 Sets rates and terms and conditions for wholesale sales of power and transmission service and for oil/products and gas transportation services 2 Issues permits to construct new or expanded natural gas pipelines and storage facilities 3 Authorizes the construction and operation of liquefied natural gas facilities 4 Approves mergers and acquisitions in the power sector 5 Regulates wholesale energy markets

What is the Federal Energy Regulatory Commission?

The Federal Energy Regulatory Commission (FERC), an independent agency within DOE, regulates the interstate transmission of natural gas, crude oil, refined petroleum products, and electricity, as well as the interstate sale of electricity at wholesale. Among other actions, FERC:

What is a BTU?

A British Thermal Unit (BTU) is a measure of the heating value of a fuel. It is the amount of heat energy required to raise the temperature of one pound of water one degree Fahrenheit.

How long is a minor license?

The license term is typically 30 years.

Where is natural gas stored?

Underground storage of natural gas in natural geologic reservoirs such as depleted oil or gas reservoirs or natural underground caverns. Gas is transported from producing fields during periods of low demand, stored in underground storage, and then withdrawn for distribution during periods of peak demand.

Who maintains the service list for FERC?

The Commission's Secretary maintains service lists for individual FERC proceedings. Service lists are restricted to intervenors. Intervenors on the service list will receive the applicant's filings, Commission documents related to the case, and materials filed by other interested parties.

Can natural gas pipelines be abandoned?

In some cases, facilities may be abandoned, such as when pipelines get old and the facilities need upgrading or need to be removed and replaced with a new pipeline. Natural gas pipeline companies must get Commission approval before abandoning facilities or discontinuing services that are subject to FERC jurisdiction.

What is a FERC certificate?

A certificate issued by FERC that allows the recipient to engage in the transportation and/or sale for resale of natural gas in interstate commerce or to acquire and operate facilities needed to accomplish this.

How long does a hydropower license last?

The new license term may be from 30 to 50 years.

Power

The Firm represents renewables developers, distributed generators, energy startups and suppliers in proceedings before FERC and state commissions, state and federal courts and in ISO/RTO markets and counsels on transactional and compliance matters. The Firm boasts strong administrative, trial and appellate experience.

Pipelines

The Firm protects the interests of residents, landowners, municipalities and land trusts throughout FERC gas-infrastructure and state permit proceedings. The Firm has successfully opposed projects or secured route modifications and where not possible, negotiated favorable easement terms and mitigation.

Property

The Firm vigorously defends property owners — homeowners, farms, small businesses and government entities — in eminent domain proceedings. Over the years, the Firm has thwarted takings attempts and obtained millions of dollars in compensation for takings (including attorneys fees) through negotiation and at trial.

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