One Year Later, FERC/NERC Jurisdictional Conflicts Continue To Simmer.

Mondaq Business BriefingNbr. 2011, January 2011

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Federal Energy Regulatory Commission

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One Year Later, FERC/NERC Jurisdictional Conflicts Continue To Simmer.

A year has passed since the Federal Energy Regulatory Commission ("FERC" or the "Commission") issued a landmark series of electric reliability orders that riled the industry. Although progress has been made toward healing the rift created by the orders, important jurisdictional conflicts between FERC and the North American Electric Reliability Corporation ("NERC") remain. Recent developments include the following:

On March 17, 2011, FERC approved NERC's proposed changes to its Rules of Procedure governing the development of electric reliability standards. Although FERC promised to use its statutory authority to issue directives "judiciously," FERC maintained that it has the statutory autho...

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