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J Z Rokach - One of the best experts on this subject based on the ideXlab platform.

  • ferc s jurisdiction under section 205 of the Federal Power Act ferc Federal energy regulatory commission
    The Energy Law Journal, 1994
    Co-Authors: J Z Rokach
    Abstract:

    The Federal Energy Regulatory Commission (FERC), the agency that administers the Federal Power Act of 1935 (FPA), instituted a proceeding to decide two questions equally fundamental to the electric utility world fifty-seven years after Congress passed the law--what agreements fall within FERC's rate jurisdiction and what [open quotes]classifications, prActices, and regulations[close quotes] must be filed The first part of this article is an introduction to the FPA and the FERC's administration of the FPA. The second part of this article surveys the FERC's exploration of the meaning of section 205 and offers the author's view of a particular framework within which to determine the FERC's rate jurisdiction in particular cases. This article also covers [open quotes]classifications, prActices, and regulations[close quotes] that affect or relate to rates, since they are included in the FPA's filing requirements.

  • ferc s jurisdiction under section 205 of the Federal Power Act ferc Federal energy regulatory commission
    The Energy Law Journal, 1994
    Co-Authors: J Z Rokach
    Abstract:

    The Federal Energy Regulatory Commission (FERC), the agency that administers the Federal Power Act of 1935 (FPA), instituted a proceeding to decide two questions equally fundamental to the electric utility world fifty-seven years after Congress passed the law--what agreements fall within FERC's rate jurisdiction and what [open quotes]classifications, prActices, and regulations[close quotes] must be filed The first part of this article is an introduction to the FPA and the FERC's administration of the FPA. The second part of this article surveys the FERC's exploration of the meaning of section 205 and offers the author's view of a particular framework within which to determine the FERC's rate jurisdiction in particular cases. This article also covers [open quotes]classifications, prActices, and regulations[close quotes] that affect or relate to rates, since they are included in the FPA's filing requirements.

  • transmission pricing under the Federal Power Act applying a market screen
    The Energy Law Journal, 1993
    Co-Authors: J Z Rokach
    Abstract:

    The electric utility world has been trying to adjust to the Energy Policy Act. That legislation, which passed on the last day of the 102nd Congress, made important changes in the way the Federal government regulates the industry. In particular, Congress charged the Federal Energy Regulatory Commission (FERC or Commission) with more responsibilities over both access to and pricing of transmission. This article attempts to explain the [open quotes]market screen.[close quotes] In essence, the market screen requires the Commission to rely on effective competition, where that exists, to set rates. If a buyer can show that in meeting its needs it had three possibilities to choose from, it has satisfied the market screen. Implications of application of the market screen are described.

K Daniel - One of the best experts on this subject based on the ideXlab platform.

Sen Akaka - One of the best experts on this subject based on the ideXlab platform.

Matthew R Mcguire - One of the best experts on this subject based on the ideXlab platform.

  • mis understanding undue discrimination ferc s misguided effort to extend the boundaries of the Federal Power Act
    Social Science Research Network, 2012
    Co-Authors: Matthew R Mcguire
    Abstract:

    In Order No. 1000, issued on July 21, 2011, FERC concluded that a right of first refusal is anticompetitive and unduly discriminates against independent transmission developers. FERC had previously suggested in Primary Power, LLC that it believed the company proposing the transmission project should have the right to build it unless the regional entity can adequately justify selecting another entity for construction. That decision and the Order No. 1000 reforms will have a significant impAct on the way transmission infrastructure is planned and constructed in the United States. FERC, however, lacks jurisdiction to specify which entity may con-struct transmission facilities approved in a regional planning process. The FPA's jurisdictional grant limits FERC's ability to adopt a Federally sanctioned selection process requiring equal treatment for all potential transmission developers, regardless of whether or not the developers are similarly situated. Moreover, in Order No. 1000, FERC recognized that it lacks authority under the FPA to preempt states' transmission siting, permitting, and construction decisions. It is well settled law that FERC cannot do indirectly that which it cannot do directly. Even if the new Federal regulations are not attempting to exercise preemptive authority and, at the pre-compliance stage, do not directly infringe on the states, the regulations create the potential for conflict between Federal and state policy. The potential for conflict indirectly limits state authority by pushing states to conform their regulations to the Federal policy and, as a result, implicitly preempts state authority.

Joel F Zipp - One of the best experts on this subject based on the ideXlab platform.