Document NEVYyJvXGd1qOL4eE1m6qB2zE

Message From: Sent: To: Subject: Troutman Sanders LLP [Communications@troutman.com] 1/17/2018 4:39:01 PM Wehrum, Bill [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=33d96ae800cf43a3911d94a7130b6c41-Wehrum, Wil] Washington Energy Report January 17, 2018 Washington Energy Report FERC Terminates Of DPR Proceeding, Requests Information frot Ds/ISC Resilience By Jam oecl P erry & Christopher Z e n tz on January 17, 2018 POSTED IN RELIABILITY, RULEMAKINGS On January 8, 2018, FERC terminated the Department of Energy's ("DOE") Proposed Rule on Grid Reliability and Resilience Pricing ("Proposed Rule") proceeding, and, instead, initiated a new proceeding whereby FERC plans to collect information on resilience from regional transmission organizations ("R IO ") and independent system operators ("ISO"). Once that information is collected, FERC will determine whether further action is necessary to address grid resilience. Read more 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. Quick Links W ashingtenJIlns^ lAMAViRaUice JLAEiiilD. Sonders Contact 202. 274.2841 Multiple States Ask FERC to A djust Utility peline Rates clue to Tax Refon . By Meghan Mandei & Jasmine H ites on January 16,2018 ............................. Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00182803-00001 POSTED IN UNCATEGORIZED On January 9, 2018, several state Attorneys General, state agencies, and state consumer advocates ("State Advocates") sent a joint letter to the FERC Commissioners requesting that FERC open an investigation into the continued justness and reasonableness of FERC-jurisdictional electric and natural gas utilities' ("Public Utilities") rates considering the recent reduction in the federal corporate income tax rate. UtTU.G..G[i~D. 404, 885.3146 Email LaiaJMCima 503. 290,2310 IM R tsr8 jG a s^ 202. 274.2998 FERC Concludes Mew York Did Not Waive Authoi Issue Water Quality e ft s Pipeline Protect By Adriens Thompson & Thomas DeVlta on January 16, 2018 POSTED IN NATURAL GAS On January 11,2018, FERC denied Constitution Pipeline Company, LLC's ("Constitution") request asking FERC to conclude that the New York State Department of Environmental Conservation ("New York DEC") waived its authority to issue a water quality certification under Section 401 of the Clean Water Act ("CWA"). In so doing, FERC reiterated its authority to address such issues, as they relate to "setting and enforcing" Natural Gas Act ("NGA")-imposed deadlines, and reaffirmed FERC's long standing position that state certifying agencies have up to one year to act on a CWA Section 401 application. Read more Ninth Circuit Holds Utilities Are Ineligible ft lem bersliip Adder When Members Involuntary By Russell Kooistra & Thomas DeVlta on January 16, 2018 POSTED IN TRANSMISSION Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ( SUBSCRIBE ED 002061 00182803-00002 On January 8, 2018, the U.S. Court of Appeals for the Ninth Circuit ("Ninth Circuit") ruled that FERC acted arbitrarily and capriciously in approving a 50 basis-point incentive adder to Pacific Gas & Electric Company's ("PG&E") return on equity ("ROE") for its participation in the California Independent System Operator Corporation ("CAISO"). In particular, the Ninth Circuit held that FERC did not follow its precedent by approving PG&E's incentive adder while dismissing arguments that PG&E's ongoing membership in CAISO was required by a California Public Utilities Commission ("CPUC") order and thus was not voluntary. f * In 0 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. Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00182803-00003