Brendan Connors is an Associate and Alvin Taylor is a
Partner in Holland & Knight's
Washington D.C. office
On Feb. 21, 2019, the Federal Energy Regulation Commission
(FERC) issued a final rule revising its regulations governing
public utility mergers or consolidations. The primary effect of
this rule is to set a $10 million threshold on such transactions
before public utilities must seek FERC's approval before
completing these lower-market deals.
The final rule follows a notice of proposed rulemaking FERC
issued on Nov. 15, 2018, implementing certain amendments to Section
203 of the Federal Power Act. Before Congress passed these
amendments, there was no value threshold triggering FERC approval
of public utility mergers and consolidations, and FERC had required
approval of any such transaction, regardless of value.
