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FERC Passive Interest Order May Streamline Approvals

Law360, New York (December 1, 2017, 11:34 AM EST) -- On Oct. 4, 2017, the Federal Energy Regulatory Commission issued an order (the "Passive Interest Order") clarifying that it will not treat certain passive tax equity interests in public utilities or public utility holding companies as voting securities for purposes of triggering transaction approval requirements pursuant to Section 203 of the Federal Power Act (FPA).[1]

The Passive Interest Order, issued in response to a Petition for Declaratory Order, provides guidance regarding FERC’s consideration of certain tax equity investments for purposes of determining whether transactions involving such...
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