Tuesday, October 10, 2017

FERC Extends AES Creative Precedent to Transaction Approvals

Originally published by Energy Legal Blog ®.

On October 4, 2017, the Federal Energy Regulatory Commission (“FERC”) issued an order clarifying that it will not treat certain tax equity interests in public utilities or public utility holding companies as voting securities for purposes of transaction approval requirements pursuant to Section 203 of the Federal Power Act (“FPA”) (“Passive Interest Order”).[1]  The Passive Interest Order provides guidance regarding FERC’s consideration of cert

Energy
Seth Lucia, Catherine McCarthy, David Perlman
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