Articles by David Tewksbury

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: 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: 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: Neil Levy, David Tewksbury and Stephanie Lim

FERC recently issued Order No. 807, which amends certain of FERC’s rules with respect to the ownership, control, and operation of Interconnection Customer’s Interconnection Facilities, or ICIF.Read more

by: Neil Levy, David Tewksbury, Ashley Parrish and Stephanie Lim

On August 15, 2014, the D.C. Circuit issued a per curiam decision rejecting challenges to the Federal Energy Regulatory Commission’s Order No. 1000 rulemaking brought by certain petitioners, including... Read more

by: Neil Levy, David Tewksbury and Stephanie Lim

In late January and early February 2014, FERC issued a series of orders waiving the $1,000 per megawatt-hour offer caps imposed under the tariffs of PJM and NYISO to ensure that suppliers will be able to recover their costs in light of gas prices that have soared due to extreme cold weather.Read more

by: Neil Levy, David Tewksbury and Stephanie Lim

Two federal district courts recently found that the exclusive jurisdiction of the Federal Energy Regulatory Commission preempts state requirements that regulated utilities enter into contracts-for-differences with generators, under which utilities would make additional payments to generators for capacity sold into Reliability Pricing Model capacity auctions held by PJM Interconnection, L.L.C. Read more

by: Neil Levy, David Tewksbury and Stephanie Lim

Two recent Federal Energy Regulatory Commission orders will result in the imposition of civil penalties totaling nearly three quarters of a billion dollars, as well as additional requirements to disgorge unjust profits totaling nearly $160 million, for alleged market manipulation in violation of Section 222 of the Federal Power Act and FERC's regulations. Read more

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

FERC recently issued a notice of proposed rulemaking stating that it intends to approve Version 5 of the Critical Infrastructure Protection Reliability Standards submitted by the North American Electric Reliability Corporation, which pertain to the cyber security of the bulk electric system.Read more