FERC responds to COVID-19 pandemic

In response to the COVID-19 pandemic, U.S. energy regulators have adopted a variety of measures, including designating a single point point of contact for all industry inquiries related to impacts of the Novel Coronavirus on their activities jurisdictional to the Federal Energy Regulatory Commission, issuing a Policy Statement providing regulatory guidance on energy infrastructure, market, reliability and security matters, and providing other regulatory relief.

On March 19, 2020, the Federal Energy Regulatory Commission named Caroline Wozniak to lead a team of 14 technical staff from the Commission’s 12 program offices, as the Commission’s point of contact for all industry inquiries related to impacts of their COVID-19 preparations and responses on their FERC-jurisdictional activities.

On April 2, 2020, the Commission issued a Policy Statement providing regulatory guidance on energy infrastructure, market, reliability and security matters. Through the Policy Statement, the Commission noted that Commission-regulated entities have taken actions in response to the national emergency conditions that may disrupt, complicate, or otherwise change their normal course of business operations, which "may create questions about entities’ ability to meet regulatory requirements and/or recover the costs necessary to take steps to safeguard the business continuity of their systems." The Policy Statement emphasizes that the Commission will prioritize its processing of filings made for the purpose of assuring the reliable operation of energy infrastructure during this emergency, including requests for relief such as "cost recovery necessary to assure business continuity of the regulated entities’ energy infrastructure in response to the national emergency."

Separately, Commission Chair Neil Chatterjee issued a statement describing the Commission's efforts to help regulated entities manage their potential enforcement and compliance-related burdens during the COVID-19 pandemic. Announcing "that the Commission will exercise appropriate prosecutorial discretion in addressing events that arise during the emergency period", he noted that enforcement staff will take the current emergency into account when evaluating compliance programs, as part of an audit for operations taking place during the emergency, and in assessing the timeliness of self-reports.