PHMSA Proposes Rules to Expand Gas Pipeline Safety Regulations

On March 17, 2016, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a Notice of Proposed Rulemaking ("NPRM") expanding regulations for gas transmission and gathering pipelines. Specifically, PHMSA proposes, among other things, to (1) enhance integrity management ("IM") requirements, (2) create a new clarification applicable to gas pipelines entitled "moderate consequence areas" or "MCAs," (3) require pressure testing for older pipelines that have not previously required testing, and (4) modify regulations regarding onshore gathering lines. Read more

DCPSC Approves Exelon-Pepco Merger

On March 23, 2016, the Public Service Commission of the District of Columbia ("DCPSC") issued an order approving the proposed $6.8 billion merger between Exelon Corporation ("Exelon") and Pepco Holdings, Inc. ("Pepco" and together with Exelon, "Joint Applicants"). The DCPSC 2-1 vote approving the merger follows two previous orders in which the DCPSC denied the proposed merger on grounds that it was not in the public interest (see March 8, 2016, edition of the Read more

FERC Affirms Jurisdiction Over Electric Cooperative Challenge to FPA Section 206 Authority in ISO-NE Formula Rate Proceeding

On March 22, 2016, FERC issued an order affirming its jurisdiction over Vermont Electric Cooperative, Inc. ("VEC") in the context of a Federal Power Act ("FPA") Section 206 investigation into the formula rates of ISO-New England ("ISO-NE") Participating Transmission Owners, including their Regional Network Service ("RNS") and Local Network Service ("LNS") formula rates. Read more

NERC Issues First Informational Report on Risk-Based Registration

On March 21, 2016, the North American Electric Reliability Corporation ("NERC") submitted to the Federal Energy Regulatory Commission ("FERC" or the "Commission") an informational filing (the "Report") on the implementation of the Risk-Based Registration ("RBR") initiative. The filing was made in compliance with a corresponding directive from the Commission's March 19, 2015 order largely approving NERC's RBR initiative (see March 23, 2015 edition of the Read more

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