On October 17, 2019, FERC denied Public Citizen, Inc.’s (“Public Citizen”) complaint alleging that PJM Interconnection, L.L.C. (“PJM”) recovered improper campaign contributions and lobbying expenses through its filed rate and failed to disclose its spending on political activity. In doing so, FERC concluded that PJM could recover the expenses in question through its rates because they represent an educational, outreach, or informational function essential to PJM’s core operations and because PJM determined that such expenditures are in the collective best interest of PJM’s stakeholders.
Continue Reading FERC Denies Complaint Alleging that PJM Improperly Recovered Campaign Contributions Through Its Rate

On September 30, 2019, President Donald Trump announced his intent to nominate James P. Danly for Commissioner of FERC. If confirmed by the Senate, Mr. Danly would fill the seat vacated by the passing of former Chairman Kevin McIntyre for a term to expire on June 30, 2023, resulting in three Republican Commissioners and one Democratic Commissioner.
Continue Reading President Trump to Nominate James P. Danly for Commissioner of FERC

On June 20, 2019, FERC Commissioner Cheryl LaFleur announced on Twitter that she will be leaving FERC at the end of August after serving on the Commission for nine years.  She first announced her intent to leave the Commission in January of this year.  In her recent announcement, Commissioner LaFleur noted that the July open meeting will be her last meeting as a commissioner.  FERC currently has four members—Commissioners Neil Chatterjee and Bernard McNamee, who are Republicans, and Commissioners LaFleur and Richard Glick, who are Democrats.  Assuming no nominee is confirmed by the end of August, Commissioner LaFleur’s departure would leave FERC with a two to one Republican majority, and a minimum number of commissioners for a quorum.
Continue Reading Commissioner LaFleur Announces She Will Leave FERC at the End of August

On May 15, 2019, with the support of various Democratic co-sponsors, Senator Jeanne Shaheen (D-NH) reintroduced the “Public Engagement at FERC Act” (S. 1477) to amend the Federal Power Act to establish an Office of Public Participation and Consumer Advocacy (“Office of PPCA” or “Office”).  The bill was first introduced by Senator Shaheen in 2017 and was created to assist residential and small commercial energy consumers in participating in FERC proceedings.
Continue Reading Senate Democrats Introduce Bill to Increase Public Engagement and Consumer Advocacy at FERC

On January 31, 2019, Commissioner Cheryl LaFleur announced that she is no longer seeking a third term and will be leaving FERC this year.  Commissioner LaFleur stated that she plans to stay at least until her current term expires, on June 30, 2019, and may stay longer depending on her plans and the appointment of her successor.
Continue Reading Commissioner LaFleur Will Not Pursue Another Term

On December 6, 2018, the United States Senate confirmed Bernard L. McNamee as a FERC Commissioner.  President Donald Trump nominated McNamee to fill the vacancy left by Commissioner Robert Powelson following Powelson’s August 2018 resignation from FERC to become president and CEO of the National Association of Water Companies (see October 9, 2018 edition of the WER).  McNamee was sworn in on December 11, 2018, returning FERC to its full five-member complement.
Continue Reading Bernard McNamee Seated as FERC Commissioner

On November 15, 2018, Bernard L. McNamee, who has been nominated to fill the vacancy left by former FERC Commissioner Robert Powelson, testified before the Senate Committee on Energy and Natural Resources (“Committee”).  Currently, Mr. McNamee heads the Department of Energy’s (“DOE”) Office of Policy.
Continue Reading FERC Nominee Bernard McNamee Testifies Before Senate Committee on Energy & Natural Resources

On October 22, 2018, FERC Commissioner Kevin McIntyre announced in a letter to President Donald Trump that he would step down from his role as Chairman and would continue his work as Commissioner.  In addition, President Trump announced on October 24, 2018 that current FERC Commissioner and former Chairman Neil Chatterjee would replace Commissioner McIntyre as FERC Chairman.
Continue Reading McIntyre Steps Down as FERC Chairman; President Trump Designates Chatterjee as His Replacement

Troutman Sanders LLP has authored the 2019 Alternative Energy & Power Guide for Chambers and Partners. The firm’s Energy and Capital Projects & Infrastructure practices were asked by Chambers to be the exclusive contributor for the section. Associates Jamond Perry and Meghan Mandel and partners Christopher JonesAmie Colby, Anne Dailey, Bill Derasmo