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James Hoecker

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A nationally recognized energy advisor, Jim primarily concentrates his practice on emerging markets in the wholesale electric and natural gas areas. Inside and outside government, Jim has focused his representations on electric utilities, utility investors, transmission companies, and gas and oil pipelines on issues of infrastructure development and rate regulation, demand response and environmental law.

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On April 21, 2022, a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power Act, the NOPR represents a significant and long-awaited step toward expansion and upgrade of the Nation’s high voltage grid. The NOPR is more limited than the Commission’s July 2021 Advanced Notice of Proposed Rulemaking, perhaps in an effort to bring the Commissioners closer together and to issue a Final Rule by year’s end. Comments are due 75 days from date of publication in the Federal Register, which will occur in the weeks following the Commission’s April 21 meeting. Reply comments are due 30 days after the initial comment deadline.
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Continue Reading FERC’S Next Big Electric Initiative

Bottom Line Up Front: The Department of Energy (DOE) will implement new cybersecurity programs to enhance energy sector resilience. DOE’s announcement coincides with the Senate Energy and Natural Resources Committee’s support for the DOE’s Office of Cybersecurity, Energy Security, and Emergency Response (CESER). Expect to see resilience to cyber attacks in future government procurement activities.

On March 18, 2021, CESER announced several new research programs designed to enhance the safety and resilience of the U.S. energy sector. The Trump administration established CESER to protect critical energy infrastructure by assisting oil, natural gas, and electricity industries secure their infrastructure. Currently, energy infrastructure faces threats not only from climate and natural hazards, but also evolving and increasing physical and cyber threats.
Continue Reading White House and Congress Support Improved Cyber Resilience in the Energy Sector

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Acting FERC Chairman, Cheryl A. LaFleur

The abrupt resignation and departure (effective February 3, 2017) of former FERC Chairman Norman Bay will leave the Commission without the minimum 3-commissioner quorum needed for the Commission to act. Regulated entities can expect a flurry of activity at the Commission this week, while Commissioner Bay is still voting. As a former FERC Chairman, I believe Acting Chairman Cheryl LaFleur, a Democrat, will do her best to conduct the agency’s business after Bay’s departure, but there are limits to what she and remaining Commissioner, Collette Honorable, can do.

The first order of business will be to…
Continue Reading FERC Acting Chairman LaFleur Expected to Try and Minimize FERC’s Quorum Problem