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Troutman Sanders LLP [Communications@troutman.com] 7/25/2018 3:17:40 PM Wehrum, Bill [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=33d96ae800cf43a3911d94a7130b6c41-Wehrum, Wil] Washington Energy Report July 25, 2018
Washington Energy Report
FEFIC Affirm s Policy on Income Tax
Allowance ft
s Pipelines
By J a m o n d Perry & Thomas P eV ita on July 24,
2018
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POSTED IN NATURAL GAS. RULEMAKINGS
On July 18, 2018, FERC affirmed its Revised Policy Statement on Treatment of Income Taxes ("Revised Policy Statement"), where FERC stated that it will generally not permit master-limited partnerships ("MLPs") to recover income tax allowance in their cost of service. In doing so, FERC dismissed requests for clarification and rehearing of its Revised Policy Statement, reiterating that tax pass-through entities (including MLPs) that recover an income tax allowance in addition to a return on equity ("ROE") based on the discounted cash flow ("DCF") methodology double recover investors' tax costs. FERC did however explain that while pass-through entities may eliminate previously-accumulated sums of accumulated deferred income tax ("ADIT") from cost of service, they did not need to refund those ADIT balances to ratepayers.
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Finalizes Procedures fo r Evaluating
Incorni
i
is Pipe
Tes
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
The Washington Energy Report is a weekly pubiication 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.
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ED 002061 00181604-00001
2018
POSTED IN N.
On July 18, 2018, FERC issued Order No. 849, finalizing its procedures and regulations regarding the effect of reduced corporate income taxes on certain natural gas pipelines and their rates at FERC. Notably, Order No. 849 requires interstate natural gas pipelines to submit "FERC Form No. 501-G," an abbreviated cost and revenue study designed to illustrate the effect of reduced corporate tax rates, which FERC might then use to determine whether the pipeline's rates may be unjust and unreasonable under the Natural Gas Act ("NGA").
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Propose
onus
filiations
Governing Interlocking Positions
By Jariiofid Perry & Thomas DeVito on July 24,
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POSTED IN RULEMAKINGS
On July 19, 2018, the Federal Energy Regulatory Commission ("FERC" or the "Commission") issued a Notice of Proposed Rulemaking ("NOPR") that would update FERC's regulations regarding interlocking positions. According to the NOPR, the proposed revisions to parts 45 and 46 of the Commission's regulations aim to "reflect statutory changes to the circumstances in which an applicant who would otherwise require Commission authorization to hold an interlocking position need not do so.
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i Accepts and Sets fo r Hearing Cost-
of~Sen
snsation Agreement
By Elizabeth McCormick & Christopher
Z e riH o rU ^
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POSTED IN GENERATION, RELIABILITY
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00181604-00002
On July 13, 2018, pursuant to section 205 of the Federal Power Act ("FRA"), FERC accepted and set for hearing a cost-of-service agreement between Constellation Mystic Power, LLC ("Mystic"), Exelon Generation Company, LLC ("Exelon"), and ISO New England Inc. ("ISO-NE") providing cost-of-service compensation to Mystic for continued operation of two gas-fired generating units ("Mystic 8 and 9") to ensure fuel security in New England. Commissioners Powelson and Click dissented.
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RoytOliDmom
f W in 0
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00181604-00003