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Articles by Barbara Jost
FERC Acts to Protect Customers From Subsidizing New Pipeline Construction | JD Supra
GTN Xpress Project aims to expand gas service in the Pacific Northwest After more than two years and much debate, FERC recently approved Gas Transmission Northwest LLC's (GTN) GTN XPress Project. GTN XPress was designed to add 150,000 Dth/d of pipeline capacity to the GTN system, enabling it to expand its gas service in the Pacific Northwest. Most press coverage of the GTN XPress order has focused on FERC's assessment of climate-related impacts.
FERC's Reservation Charge Crediting Policy Imperils Gas Service Reliability – There Is a Better Way | JD Supra
It is a bedrock principle of natural gas pipeline regulation that pipelines can only sell up to the transportation capacity of their systems on a firm basis. In return, shippers who want such firm service pay "recourse rate" reservation charges which enable the pipeline to recover all of its costs to provide service, plus make a profit.
Senator Manchin's Permitting Reform Bill Could End Debate Over Who Regulates Hydrogen Pipelines | JD Supra
Buried toward the end of the 91-page bill unveiled by Senator Manchin on September 21, 2022, is a small but significant provision amending the Natural Gas Act's (NGA) definition of natural gas to include "hydrogen mixed or unmixed with natural gas." Because of that provision, if enacted, the bill, the Energy Independence and Security Act of 2022, which is intended to speed up the nation's energy infrastructure permitting process, would put to rest a long-standing debate over whether the...
[co-author: Taylor Sutton, law clerk] Just one month after issuing two policy statements expected to seriously impact the processing of applications for gas infrastructure projects, the Federal Energy Regulatory Commission (FERC) has made a midcourse correction in response to substantial concerns about applying the new policies to gas projects pending before the agency.
9th Circuit Rules Publicly Owned Utilities Not Exempt From Federal Antitrust Challenges Under Filed-Rate Doctrine | JD Supra
[co-author: Taylor Sutton, law clerk] On January 31, 2022, the 9th Circuit Court of Appeals reversed and remanded a district court's dismissal of an antitrust challenge by a class of solar rooftop customers against their municipal utility, the Salt River Project Agricultural Improvement and Power District (SRP). SRP is a political subdivision of the State of Arizona and provides power and water service to most of the Phoenix metropolitan area.
TSA Issues Second Security Directive for "Critical" Pipelines and LNG Facilities and Plans to Revise Pipeline Cybersecurity Guidelines | JD Supra
The Department of Homeland Security (DHS) announced the issuance of the Transportation Security Administration's (TSA) second Security Directive (Directive) creating mandatory cybersecurity rules for owners and operators of TSA-designated "critical" pipelines and liquified natural gas (LNG) facilities "to implement a number of urgently needed protections against cyber intrusions." The Directive, officially titled "Security Directive Pipeline-2021-02: Pipeline Cybersecurity Mitigation Actions,...
Following Colonial Pipeline Ransomware Attack, Oil And Natural Gas Companies Must Prepare For New Regulations And Added Scrutiny Of Cybersecurity Programs - Energy and Natural Resources - United States
United States: Following Colonial Pipeline Ransomware Attack, Oil And Natural Gas Companies Must Prepare For New Regulations And Added Scrutiny Of Cybersecurity Programs 14 July 2021 by Michael T. Borgia (Washington, DC) , Barbara S. Jost (Washington, DC), Mariné Margaryan (Washington, DC) and Shannon E. O'Neil (Washington, DC) Davis Wright Tremaine To print this article, all you need is to be registered or login on Mondaq.com.
TSA Security Directive Requires 30-Day Cybersecurity Assessments, Rapid Incident Notification For
United States: TSA Security Directive Requires 30-Day Cybersecurity Assessments, Rapid Incident Notification For "Critical" Pipeline And LNG Facilities 14 July 2021 by Michael T. Borgia (Washington, DC) , Barbara S. Jost (Washington, DC), Mariné Margaryan (Washington, DC) and Shannon E. O'Neil (Washington, DC) Davis Wright Tremaine To print this article, all you need is to be registered or login on Mondaq.com.
TSA Security Directive Requires 30-Day Cybersecurity Assessments, Rapid Incident Notification for "Critical" Pipeline and LNG Facilities | JD Supra
Less than a month after the high-profile ransomware attack against Colonial Pipeline, the Department of Homeland Security's (DHS) Transportation Security Administration (TSA) has issued its first-ever set of mandatory cybersecurity rules for pipelines and liquefied natural gas (LNG) facilities.
Following Colonial Pipeline Ransomware Attack, Oil and Natural Gas Companies Must Prepare for New Regulations and Added Scrutiny of Cybersecurity Programs | Davis Wright Tremaine LLP - JDSupra
The May 7, 2021, ransomware attack against Colonial Pipeline may be a turning point in the way the United States thinks about cybersecurity. The attack underscores the significant threat cyberattacks pose to operational technology (OT) and industrial control systems (ICS)—particularly those in the oil and natural gas industries—and the very tangible harms of cyberattacks.
Five Tips for Virtual FERC Hearings | JD Supra
The "new normal" we currently find ourselves in has brought a number of changes to business as usual in the world of the Federal Energy Regulatory Commission (FERC). One notable, drastic change is that FERC hearings are now conducted virtually. The virtual environment has some benefits over a physical hearing—you do not need to travel to Washington, D.C., and you can bring your coffee and snacks with you into the hearing room.
Federal Appeals Court Allows FERC to Continue Pipeline Policy that Encourages Overbuilding | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FERC to Address Pipeline Overbuilding and Excessive Returns | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent DOE Audit Spurs Modernization of FERC.Gov | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
FERC Raises the Bar for Public Participation in Gas Pipeline Certificate Proceedings | JD Supra
The Federal Energy Regulatory Commission (FERC) has a long-standing reputation for non-partisan decision-making. This was reinforced by its January 2018 rejection of the Department of Energy’s demand that electric pricing rules be changed to incentivize coal-fired and nuclear electric generation. More recent FERC actions, however, suggest that this independent regulatory agency is trending towards greater partisanship.
FERC Should Reconsider Its Bias in Favor of Incremental Pricing of Pipeline Expansions | JD Supra
At his first Federal Energy Regulatory Commission (FERC) meeting this past December, Chairman Kevin McIntyre announced the agency will be soliciting comments on whether to revise its 1999 Certificate Policy Statement (CPS), which FERC uses to evaluate applications to build new pipelines or expand existing ones.
Industry Petition Pushes FERC to Require Gas Pipelines and Storage Companies to Immediately Reflect Lower Tax Rates in Shipper Rates
In light of reduced corporate tax rates as the result of Tax Cuts and Jobs Act of 2017 (Tax Act), a broad coalition of gas industry trade associations and gas producers recently filed a petition with the Federal Energy Regulatory Commission (FERC) urging the agency to lower gas pipeline and storage company rates to reflect tax rate reductions. The January 31, 2018 petition also offers a blueprint for how FERC could quickly accomplish this task.
FERC Faces Complications in Adjusting Gas Pipeline Rates to Reflect Lower Federal Corporate Tax Rates
One of the major recent changes made to the federal tax code as the result of the Tax Cuts and Jobs Act was the reduction in corporate income tax from 35 percent to 21 percent. As soon as the corporate tax cuts took effect at the beginning of 2018, the Federal Energy Regulatory Commission (FERC) started to received requests that it use its authority under Section 5 of the Natural Gas Act (NGA) to lower pipeline rates to reflect the reduced corporate tax rates.
2018 Tax Law to Reduce Pipeline Expansion Recourse Rates
FERC staff has asked gas pipelines with pending expansion applications how 2018 tax law changes will impact their proposed project’s cost of service and the project’s proposed incremental rates. FERC has imposed a quick, three business day turnaround on responses.
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