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FERC Seeks Over $508 Million to Accomplish 2023 Strategic Priorities

by Kelly A. Daly Yesterday, the Federal Energy Regulatory Commission (“FERC”) submitted its Fiscal Year 2023 Congressional Justification. This document, which is submitted annually, consolidates the Annual Performance Plan with the Performance Budget Request for the primary purpose of communicating the agency’s accomplishments in the prior fiscal year and establishing goals to pursue its mission […]

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Polar Vortex Highlights Problems with Texas Isolationist Model and Need for National Electric Grid

by Kelly A. Daly Following a week of extremely cold temperatures which caused millions of Texans to be without power, in some cases for longer than three days, the Federal Energy Regulatory Commission (FERC) announced that it will be conducting an investigation into the events that resulted in the loss of almost half of the […]

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Friend or Foe Drones: FAA to Require Remote ID “Digital License Plate”

by Kelly A. Daly On December 28, 2020, the FAA released the Remote Identification of Unmanned Aircraft Final Rule. This long-awaited Remote ID rule, identified as the next incremental step to integrating drones into the National Airspace System, requires the broadcasting of drone information that is crucial for airspace awareness, accountability, safety and security. Drone operators […]

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FERC Begins to Flex its Jurisdictional Muscles on Carbon Pricing

By Kelly A. Daly Yesterday, the Federal Energy Regulatory Commission (FERC) weighed-in on the important role that carbon pricing, associated with state initiatives to reduce greenhouse gas emissions, could have on the nation’s electric market.  Not surprisingly, as the governmental entity with jurisdiction over the organized electric markets, FERC acknowledged that regional market rules that […]

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President Declares National Emergency: Foreign Adversaries Creating Vulnerability in U.S. Electric Grid

by Kelly A. Daly On May 1, 2020, President Trump declared a national emergency relating to threats facing the bulk-electric power system in the United States.  Specifically, the President issued Executive Order on Securing the United States Bulk-Power System, which concludes that foreign adversaries are increasingly creating vulnerabilities in the U.S. electric grid that supports […]

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FERC Issues COVID-19 Response to Address Filing Deadlines and Conferences

by Kelly A. Daly In an effort to ensure Americans have access to reliable energy during this unprecedented time, the Federal Energy Regulatory Commission (“FERC”) has identified a COVID-19 point of contact and instituted additional procedures to make sure regulated entities can quickly and efficiently receive guidance to assist them in pandemic preparations and operations. […]

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PHMSA Issues COVID-19 Notice Relaxing Enforcement Actions for Gas and Liquids Pipelines, Gas Storage Facilities and LNG Facilities

by Kelly A. Daly In response to the Declaration of a National Emergency relating to the coronavirus outbreak (COVID-19), the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety issued an important notice to operators of gas pipelines and storage facilities, hazardous liquids pipelines and liquified natural gas facilities. The […]

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COVID-19 Drones to the Rescue: an Opportunity to Shine

by Kelly A. Daly Around the world, drone enthusiasts are mobilizing to demonstrate the numerous benefits that Unmanned Aircraft Systems (“UAS” or “drones”) technology can offer during this COVID-19 pandemic. Equipped with beacons, spotlights, visual and thermal cameras, specialized sensors and computer vision systems, so-called “pandemic drones” can remotely detect sneezing and coughing and can […]

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The NRC Responds to Nuclear Plant Work-Hour Concerns Prompted by COVID-19

by Kelly Daly The Nuclear Regulatory Commission announced that it is prepared to grant temporary exemptions from work-hour controls when the COVID-19 virus adversely impacts staffing levels at nuclear plants such that the applicant can no longer meet the work-hour control requirements provided that the applicant can demonstrate that fatigue-management controls are in place. Specifically, […]

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FERC Adopts Favorable Buckeye XPress Environmental Assessment; Greenhouse Gas Emissions Not A Prohibitive Factor

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” on “the quality of the human environment.”[2]  The EA conditions approval on adherence to all […]

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Former Associate