1. State/Federal Jurisdiction: Who’s on First?
2018 Mid-Year Energy Forum
State/Federal Jurisdiction: Who’s on First?
Presented by:
Colette D. Honorable
October 30, 2018

2. A Look Down Memory Lane The Last Ten Years of “Cooperative Federalism”
Engagement by State/Federal Regulators/Stakeholders
Increased Focus on Resilience- FPA
Gas-Electric Coordination- FPA/NGA
Clean Power Plan- CAA
Pipeline Safety Regulation- 49 USC §60102 et seq.
Transmission Line Siting- EPAct of 2005
EE/Distributed Generation/Demand Response- FPA
2018 Mid-Year Energy Forum
10/30/2018

3. The Current State of Play
More Recent Look at State/Federal Relations
Active Engagement by State/Federal Regulators/Stakeholders
Natural Gas Storage Issues (e.g., Aliso Canyon)
Heightened Focus on Reliability and Resilience
Greater Coordination at all Levels
NERC
ESCC
Severe Weather, Cyber and Physical Attacks
PURPA Issues
Transmission Planning/Cost Allocation- Order 1000
2018 Mid-Year Energy Forum
10/30/2018

4. Heightened Alert Most Challenging Areas of State/Federal Tension
Hyper Engagement by State/Federal Regulators/Stakeholders
Interstate Natural Gas Pipeline Siting
Challenging year in navigating NGA and State 401 authority
Court clarification on environmental issues
Operation of Wholesale Capacity Markets and Intersection with the Development of State Policy
Challenging year in capacity markets for certain sources
Increased State Policy Initiatives/Engagement
DOE Grid Resilience NOPR
FERC Resilience and Reliability Proceeding (AD )
2018 Mid-Year Energy Forum
10/30/2018

5. Reed Smith Colette D. Honorable Partner Washington, DC
(202) direct
2018 Mid-Year Energy Forum
10/30/2018

6. Reed Smith
2018 Mid-Year Energy Forum
2/17/2019