To proactively prepare for FERC’s potential acceptance of NERC’s proposal and future compliance obligations, we recommend that renewable energy and battery storage developers, owners, and operators take the following steps:
- Analyze all currently operating projects that are not registered with NERC as a GO or GOP to determine if any will be required to register with NERC as Category 2 GO or Category 2 GOP;
- Analyze development-stage projects to determine if any will be required to register with NERC as a Category 2 GO or Category 2 GOP. Prioritize this analysis for development-stage projects that are close to energization or projected to obtain project financing/investment.
- Contact your NERC compliance consultant or agent and make a plan for potential Category 2 GO/GOP registration and compliance obligations. In Husch Blackwell’s experience, NERC consultants are already preparing for the Category 2 GO/GOP. Contacting your NERC consultant now will allow you to get ahead of an influx of other projects who will need registration and compliance assistance if the Category 2 GO/GOP goes into effect.
NERC’s proposed rule changes are currently pending in FERC Docket No. RR24-2 (available here). NERC’s Quick Reference Guide provides helpful information and resources.
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