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Department of Energy (DOE) Federal Power Act

Morgan Lewis

FERC Orders 1920 and 1977: The Latest Evolution in Transmission Planning and Oversight

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The US federal government’s evolving role in overseeing transmission development took another leap forward after the Federal Energy Regulatory Commission (FERC) issued Orders 1920 and 1977, two new rules that mark FERC’s...more

Husch Blackwell LLP

FERC Approves New Final Rule for Permit to Site Interstate Electric Transmission Facilities

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At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more

Fox Rothschild LLP

DOE, FERC Move to Connect Power-Hungry Customers to Renewable Energy

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The country’s electric system is undergoing its most significant transformation in over a century. The information age is skyrocketing demand from customers for more power, and renewable energy is being deployed at a dizzying...more

Davis Wright Tremaine LLP

FERC Expands Transmission Siting Authority in National Interest Corridors

On May 13, 2024, the Federal Energy Regulatory Commission ("FERC") issued a final rule expanding its siting authority over the construction and modification of electric transmission facilities within National Interest...more

Vinson & Elkins LLP

FERC Issues Final Rules on Electric Transmission Planning, Cost Allocation, and Backstop Authority Evaluation Procedures

Vinson & Elkins LLP on

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) established “a new foundation” upon which new electric transmission facilities can be planned, paid for, and built. The Commission did so...more

Troutman Pepper

Department of Energy Issues Final Guidance on National Interest Electric Transmission Corridor Designation

Troutman Pepper on

On December 19, 2023, the Department of Energy (“DOE”) Grid Deployment Office released final guidance on how it will designate National Interest Electric Transmission Corridors (“NIETC”) pursuant to Section 216(a) of the...more

Troutman Pepper

Department of Energy Proposes New Program to Streamline Federal Authorizations to Site Interstate Transmission Projects

Troutman Pepper on

On August 10, 2023 in response to incentives made available through the Bipartisan Infrastructure Law and the Inflation Reduction Act, the U.S. Department of Energy (“DOE”) proposed reforms to its regulations governing the...more

Vinson & Elkins LLP

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

Vinson & Elkins LLP on

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more

Pierce Atwood LLP

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

Pierce Atwood LLP on

On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more

Vinson & Elkins LLP

The Federal Government’s High-Wire Act: Setting FERC up to Employ its Transmission Siting Backstop Authority

Vinson & Elkins LLP on

Much of the nation’s electric transmission grid is old and deteriorating, designed well before the recent transition from coal and oil-fired generation to renewable and distributed generation. There is widespread agreement...more

Bracewell LLP

FERC Proposes Reforms to Backstop Transmission Siting Authority, Implementing Changes Required by 2021 Bipartisan Infrastructure...

Bracewell LLP on

On Thursday, December 15, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing changes to FERC’s authority under section 216 of the Federal Power...more

Troutman Pepper

Commissioner Danly Issues Statement Objecting to FERC Brief Defending MOPR in Third Circuit Appeal Proceedings; Third Circuit...

Troutman Pepper on

On August 26, 2022, Commissioner James Danly issued a statement in the FERC docket addressing PJM Interconnection, L.L.C.’s (“PJM”) replacement, focused Minimum Offer Price Rule (“Focused MOPR”). Commissioner Danly argued...more

Holland & Knight LLP

FERC Commissioners Unanimously Support Proposal to Expand Cyber Incident Reporting Rules

Holland & Knight LLP on

On December 21, 2017, the Federal Energy Regulatory Commission (FERC) unanimously voted to direct the North American Electric Reliability Corporation (NERC) to modify existing CIP Reliability Standard (CIP-008-5)...more

Stinson LLP

Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

Stinson LLP on

On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more

Cadwalader, Wickersham & Taft LLP

DOE Directs FERC to Issue Rule to Set Cost-Based Rates for Baseload Plants

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing that Federal Energy Regulatory Commission (“FERC”) exercise its authority under sections 205 and 206 of the...more

Hogan Lovells

Department of Energy Proposes Major Changes to Wholesale Power Market Rules

Hogan Lovells on

During his confirmation hearing to be Secretary of Energy, Rick Perry repeatedly expressed support for an “all of the above” approach to energy development and use. On Friday, September 29, he initiated one of the first...more

Stinson LLP

DOE Issues Proposed Grid Security Emergency Order Procedures in Accordance with FAST Act

Stinson LLP on

On December 7, 2016, the Department of Energy (DOE) issued proposed procedures that would govern emergency orders issued by the Secretary of DOE, following the president’s declaration of a Grid Security Emergency. These...more

Stinson LLP

New Presidential Policy Directive Hopes to Coordinate Federal Response in the Event of a Cyber Attack

Stinson LLP on

In an implicit acknowledgment that the Federal government's response to cyberattacks is diffused among quite a number of agencies, the White House issued Presidential Policy Directive (PPD) 41 last week (July 26). The...more

Stinson LLP

Streamlining the Siting of Transmission in the West - Why Transmission and Renewable Energy Project Developers Should Care About...

Stinson LLP on

Early this month, the Department of Energy (DOE) issued notice (81 FR 5283) of a proposed rule aimed at streamlining the pre-application process for transmission developers to obtain federal authorization to construct and...more

Morgan Lewis

Highway Bill Adds New Security Measures to Federal Power Act

Morgan Lewis on

Amendments to Federal Power Act grant the DOE authority to order emergency protective actions by utilities, provide greater protections for Critical Energy Infrastructure Information, and exempt utilities from environmental...more

Davis Wright Tremaine LLP

FERC, NERC and Business Blackout: New CIP Standards and Fictional Cyber Attacks

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) July 16, 2015, proposing to approve various Critical Infrastructure Protection (CIP) reliability standards proposed by the North...more

Akin Gump Strauss Hauer & Feld LLP

DOE Issues Draft Triennial National Electric Transmission Congestion Study

On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more

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