Rich Bonnifield focuses his practice on energy law, including electricity, nuclear and natural gas matters. He has a deep understanding of the unique challenges faced by electric and gas utilities that operate in a heavily regulated industry. Rich provides strategic legal and regulatory advice on rates, corporate structure, transactions, tariffs and reliability matters. He assists electric and gas utility clients with the development and implementation of regulatory, ethics and reliability compliance programs, procedures and training.
On June 30, the DC Circuit struck down the Federal Energy Regulatory Commission’s (FERC) use of tolling orders to buy additional time in responding to requests for rehearing—a longstanding agency practice that had the effect of materially delaying litigants’ rights to seek judicial review of FERC’s orders. The opinion was issued in a case that … Continue Reading
The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order on May 1, 2019 denying rehearing of its orders asserting concurrent jurisdiction with a bankruptcy court over wholesale power contracts. In January, prior to Pacific Gas & Electric (“PG&E”) filing for bankruptcy, NextEra Energy, Inc. and Exelon Corporation both filed complaints and petitions … Continue Reading
The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) on December 20 proposing changes to its regulations regarding the horizontal market power analysis required for market-based rate (“MBR”) sellers. The proposed rulemaking picks up on an earlier effort in Order No. 816 to ease the regulatory burden on MBR sellers in … Continue Reading
Following a decision of the Federal Energy Regulatory Commission (FERC) released last week that cuts transmission owners’ return on equity (ROE) by more than 200 basis points, ratepayers in the Midcontinent Independent System Operator, Inc. (MISO) footprint will save an estimated $200 million per year. Spurred by industrial customers’ challenge to MISO’s ROE rate in … Continue Reading