In addition to our broader regulatory expertise, King & Spalding has lawyers dedicated to handling matters before, and investigations by, the Federal Energy Regulatory Commission. The team counsels clients on FERC regulatory requirements generally, while also offering in-depth knowledge.

38 ArticlesFERC

by: Neil Levy, David Tewksbury, Bruce Richardson and Kelsey Desloover

Two federal district courts hold that entities targeted by FERC enforcement actions who seek de novo review under the Federal Power Act are entitled to procedural due process rights of an ordinary civil action governed by the Federal Rules of Civil Procedure.Read more

by: Neil Levy, David Tewksbury, Bruce Richardson and Stephanie Lim

FERC issued a notice of proposed rulemaking addressing the collection of certain data from sellers making sales at market-based rates and entities trading virtual products or holding financial transmission rights. The NOPR also proposes changes to FERC’s requirements with respect to other information submitted for market-based rate purposes. Read more

by: James Bowe and William Rice

FERC recently granted a company a two-year extension of time to construct a previously authorized underground natural gas storage expansion project. In doing so FERC signals that it is inclined to entertain opposition to the construction of natural gas infrastructure which continues to be expressed long after FERC has made its environmental determinations and issued an order authorizing project construction. Read more

by: Neil Levy, David Tewksbury, Stephanie Lim and Bruce Richardson

FERC has recently issued a Notice of Inquiry seeking comments on possible reforms to its rules and regulations relating to primary frequency response.Read more

by: James Bowe and William Rice

FERC’s ANR Storage decision provides the natural gas industry a useful roadmap for future market-based applications, particularly in circumstances where the application might face opposition. Read more

by: James Bowe, Cynthia AM Stroman and Sara Peters

FERC has recently issued guidance containing best practices on how to conduct effective stakeholder outreach during FERC’s pre-filing process for applications to site, construct, and operate interstate natural gas pipelines and LNG terminal facilities.Read more

by: David Tewksbury, Neil Levy and Bruce Richardson

FERC recently issued a Rehearing Order reaffirming its prior findings in Chehalis Power Generating, L.P. that addresses the distinction between an initial rate and a changed rate. The Rehearing Order has potential implications with respect to FERC-jurisdictional service provided for no compensation.Read more

by: Sara Peters

The Pipeline and Hazardous Materials Safety Administration faces reauthorization by Congress this fall and a short deadline to publish numerous new and significant proposed rules.Read more

by: William Rice

FERC recently issued a Policy Statement regarding Cost Recovery Mechanisms for Modernization of Natural Gas Facilities, which affords interstate natural gas pipelines the opportunity to propose surcharge mechanisms providing for the recovery of costs incurred to comply with certain government mandated programs.Read more

by: William Rice

On April 16, 2015, FERC issued a final rulemaking order in which it declined to adopt the controversial proposed change in the “Gas Day” start time, but adopted several other changes contemplated by the notice of proposed rulemaking. Read more