Duncan, Weinberg, Genzer & Pembroke’s practice includes representation related to the new regime of mandatory and enforceable Reliability Standards. The Energy Policy Act of 2005 gave the Federal Energy Regulatory Commission (“FERC”) responsibility to oversee mandatory, enforceable Reliability Standards for the Bulk Power System and authority to certify an Electric Reliability Organization (“ERO”). The North American Electric Reliability Corporation (“NERC”) has been certified as the ERO and is now responsible for proposing, for Commission review and approval, Reliability Standards applicable to users, owners and operators of the Bulk Power System to help protect and improve its reliability. NERC has delegated, with FERC approval, certain statutory functions to eight Regional Entities. NERC and the Regional Entities follow Compliance Monitoring and Enforcement Programs to monitor and enforce compliance with the mandatory Reliability Standards. They also have a Standards Development Procedure to propose new and modified Reliability Standards.

Duncan, Weinberg, Genzer & Pembroke counsels clients on FERC, NERC or Regional Entity actions in the new mandatory reliability regime. The Firm advises clients regarding real-world impacts on their operations related to the development of new and revised Reliability Standards, formal interpretations of Reliability Standards, ERO/Regional Entity business plans and budgets, amendments to the Rules of Procedure, ERO/Regional Entity Delegation Agreements, and interpretations of Reliability Standards, among others. The Firm provides representation and guidance through the NERC and Regional Entity enforcement processes and Compliance Registry disputes, including, if applicable, adjudicatory processes through appeal and negotiated settlements.

In addition, the Firm assists clients in developing and maintaining internal compliance programs and in drafting delegation agreements pertaining to the performance of Reliability Standards. The Firm provides legal review of mitigation plans to address potential or alleged Reliability Standards violations. Duncan, Weinberg, Genzer & Pembroke also assists clients subject to reliability audits and spot checks, and those submitting Self-Reports and Self-Certifications to the appropriate Regional Entity.