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GAO Introduces New Exception to Timeliness Rules

Client Alert | 1 min read | 02.10.14

In Motorola Solutions, Inc. (Jan. 28, 2014), GAO created an exception to the longstanding rule that information provided to protester's counsel under a protective order creates attributable knowledge to the protester itself, starting the 10-day clock to file a protest. GAO held that, because there was significant evidence that the protester diligently pursued the information during and after the debriefing, protester's lawyers diligently sought release of the non-confidential information from under the protective so they could consult with their client, and these efforts were impeded by unwarranted agency delay, the timeliness of a supplemental protest should be measured from the time of disclosure to the client because GAO will not allow the agency to "unfairly to benefit from its own dilatory behavior" and effectively run out the clock on prospective supplemental protest grounds.


Insights

Client Alert | 3 min read | 02.26.26

FERC Requires Refunds for Late QF Recertification

On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued Branch Street Solar Partners, LLC et al., 194 FERC ¶ 61,124 (2026) rejecting the refund reports filed in connection with the late filing of recertifications of qualifying facility (QF) status by certain affiliated companies to reflect a change in upstream ownership. FERC’s rearticulation of QF recertification timing requirements and consequences for late QF recertifications has broad and substantial implications for all QF owners. ...