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Troutman Sanders LLP [Communications@troutman.com] 3/13/2018 7:32:40 PM Wehrum, Bill [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=33d96ae800cf43a3911d94a7130b6c41-Wehrum, Wil] Washington Energy Report March 13, 2018
Washington Energy Report
D,C, C ircuit Affirms FERC Refund Denial in Louisiana P* *st Allocation
Menge
By A drienne Thompson & Thom as
D eV ^
...............
POSTED IN TRANSUiSSiON
In a decision issued on March 6, 2018, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit" or the court) upheld a series of FERC orders declining to direct Entergy Services Inc. ("Entergy") to pay refunds for previously misallocated capacity costs. The D.C. Circuit found that FERC adequately explained its reasoning and clarified that--contrary to previous assertions--the Commission has no general policy of ordering refunds in cases involving flawed rate design, and that it had adequately explained that such a refund order would be inequitable in this instance.
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D,C, Circi
ants FEF
Time to
Reissue Approval o f SE Market Pipelines
Project
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.
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Sierra Club v. EPA 18cv3472 NDCA
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By R ussell Kooist & Jasm ine Hites on March
12, 2018
POSTED IN NATURAL GAS
On March 7, 2018, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") granted FERC's request to stay the issuance of a mandate that would have vacated FERC's certificate order approving the Southeast Market Pipelines Project ("SMP Project"), a natural gas pipeline currently in service in the southeastern United States. The D.C. Circuit's order effectively avoids shutdown of the SMP Project while FERC finalizes its supplemental review of the project incorporating its revised environmental analysis. As a result of the D.C. Circuit's order, FERC now has until March 26, 2018 to issue a new order authorizing the project.
FERC Accepts P J ifs Load-Ratio Share
lution-Bas
:AX Proposal
By Jamoncl Perry & Christopher Zentz on March
12,2018
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202. 274.2870
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404. 885.3683
MmLSNoiA
202. 274.2966 Email k^ra Skidmore 503. 290.2310 Email
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On March 5, 2018, FERC accepted PJM Interconnection, L.LC.'s ("PJM") revisions to the appendices to Schedule 12 of its Open Access Transmission Tariff ("Tariff). Under Schedule 12, PJM annually files updates to the cost responsibility assignments for transmission enhancement and expansion projects selected in PJM's Regional Transmission Plan ("RTEP"). Through the Tariff revisions, PJM sought to update load-ratio share and solution-based distribution factor ("DFAX") cost allocations in the appendices to Schedule 12 for Regional Facilities, Necessary Lower Voltage Facilities, and Lower Voltage Facilities. Additionally, pursuant to prior FERC orders issued in late-2017, PJM's Tariff revisions sought to reduce the cost responsibility assignments under the appendices of Schedule 12 of PJM's Tariff to certain merchant facilities--including, Hudson Transmission Partners and Linden VFT, LLC (together, the "Merchant Facilities")--to zero.
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Trump Orders Steel arid Aluminum Tariffs
By JaiYioud 20w T~~
tv & Jasmine :es on March 13,
POSTED IN NATURE'U, OAO
On March 8, 2018, President Donald Trump signed an order that enacts tariffs on steel and aluminum imports from all overseas countries, while exempting Canada and Mexico from such tariffs for now. The proclamations signed by the President will institute a tariff of 25% on steel and 10% on aluminum imports. The tariffs are expected to become effective March 23, 2018.
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D,, Circt
fers to FERC's Qualitative
Approach for Establishim
n for
Hydroelectric Project Licenses
By Meg iian toaiidai & Jasmine te s on March 13,
2018'""""
POSTED IN UNCTEGGRIZED
On March 6, 2018, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") denied Duke Energy Carolinas, LLC's ("Duke Energy") petition for review of FERC's grant of a forty-year license for the Catawba-Wateree Project ("Project"). FERC had found that, despite Duke Energy's requested fifty-year term for the license renewal, the measures required by FERC in issuing the license were only "moderate," and thus warranted the forty-year term. Duke Energy argued that FERC acted arbitrarily and capriciously by not granting the fifty-year license. The D.C. Circuit deferred to FERC's analysis in granting a forty-year license.
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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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