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Troutman Sanders LLP [Communications@troutman.com] 3/21/2018 1:47:40 PM Wehrum, Bill [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=33d96ae800cf43a3911d94a7130b6c41-Wehrum, Wil] Washington Energy Report March 21, 2018
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FER. Addresses Impact of Tax Cuts on
Rates for Energy Companies and
Eliminates Incom
lowanse for
Master Unified Partnerships
By Meghan Handel & Jasririirte Hites on March 20,
20
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POSTED IN
The Washington Energy Report is a weekly publication written by the Troutman Sanders Federal Energy Regulatory Commission (" FERC") practice that monitors and reports on significant developments in FERC and energy-related matters around the country.
On March 13 and March 15, 2018, FERC took actions to address tax law changes resulting from the Tax Cuts and Jobs Act of 2017 for electricity, natural gas, and oil companies. In addition, on March 15, 2018, in response to a federal court remand, FERC stated that master limited partnership ("MLR") interstate natural gas and oil pipelines will no longer be allowed to receive an income tax allowance in cost of service rates.
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FERC Certificate Orders Address
Estimates of Pipeline Impacts on
Oownstrs
a
Quick Links
Washingt^^ IliJM SiiiaStiM
Im S D ID . Sanders
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202. 274.2926
m S s Coiby 202. 274.2922 Email
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By Russell Kooistra & Christopher Zentz on March 20, 2018
POSTED IN NATURAL GAS
On March 14, 2018 and March 15, 2018, FERC issued separate orders (1) reinstating the certificate for the Southeast Market Pipelines Project ("SMP Project") and (2) authorizing DTE Midstream Appalachia, LLC's ("DTE") Birdsboro Pipeline Project. In approving the projects, FERC held that determining the significance of the indirect effect of a pipeline on downstream greenhouse gas ("GHG") emissions is not possible for purposes of FERC's National Environmental Policy Act ("NEPA") analysis, and that the Social Cost of Carbon tool is not appropriate for estimating a project's downstream impacts in FERC's NEPA analysis. In partial dissents, Commissioners Cheryl LaFleur and Richard Glick asserted that GHG emissions estimates and the Social Cost of Carbon tool can inform FERC's Natural Gas Act ("NGA") section 7 evaluation.
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A Divided FERC Approves ISO-NFs Capacity Marki iricies to Accommodate State Subsidized
By Adrienne Thompson & Thomas
POSTED IN ............. POLICY, RELIABILITY, RENEWABLES
On March 9, 2018, a divided FERC approved the Competitive Auctions with Sponsored Policy Resources ("CASPR") proposal submitted by the ISO New England Inc. ("ISO-NE"). Developed through an extensive stakeholder process that began in 2016, CAS PR was promoted by ISO-NE as a mechanism to integrate out-of market state resource policies that might otherwise suppress capacity market prices in ISO-NE's capacity market. A divided FERC approved the proposal as a just and reasonable accommodation of state policies, with Commissioner Powelson dissenting, arguing that the proposal dilutes market signals and "threatens the viability" of ISO-NE's capacity market. Commissioners LaFleur and Glick concurred with the outcome, but
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criticized the order's guidance on adapting markets to state energy policies, and reliance on minimum offer pricing rules ("MOPRs") as the "standard solution" to achieve that end.
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Second Circuit Affirms FI
that
N Y 3 C C ^
for Pipes
elect
By Russel 20, 2018
asir a & ^ SH I 116 les on March
POSTED IN NATL
On March 12, 2018, the U.S. Court of Appeals for the Second Circuit ("Second Circuit") held that the New York Department of Environmental Conversation ("NY DEC") waived its authority to act on Millennium Pipeline Company, L.L.C.'s ("Millennium") application fora Clean Water Act ("CWA") section 401 water quality certification by not acting on the application within one year of receipt. In doing so, the Second Circuit rejected the NY DEC'S argument that the one-year statutory deadline begins when a state agency deems the application complete, rather than when the application is received.
Sf Issues Orders Regarding SPP's
Allocation
ding Facilita
nission Costs for Mew
I ransnmissk Riers
By Janioiid P e rry & Christopher Zentz on March
20,
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POSTED IN
On March 15, 2018, FERC issued three interrelated orders regarding the creation of a newTransco within the Southwest Power Pool, Inc. ("SPP"), the integration of a new Transmission Owner within SPP, and the allocation of existing transmission costs for new transmission owners within the region. The package of orders stems from South Central MCN LLC's ("South Central")
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acquisition of transmission facilities from a public power entity, the City of Nixa, Missouri.
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Troutman Sanders LLP. Advertising material. These materials are to Inform you of developments that may affect your business and are not to be considered legal advice, nor do they create a lawyer-client relationship. Information on previous case results does not guarantee a similar future result.
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