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Energy Policy Federal Energy Regulatory Commission

Troutman Pepper

FERC Rejects Basin’s Special Rate for Crypto and Large Load Customers, Sparking Further Interest in “Large Load” Policy...

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On August 20, 2024, the Federal Energy Regulatory Commission (“FERC”) issued an order rejecting, without prejudice, a contested proposal from Basin Electric Power Cooperative (“Basin”) to establish special wholesale power...more

Troutman Pepper

Eighth Circuit Applies FERC’s Filed Rate Doctrine to Reject Allegations that SPP Breached an Oral Contract Made During Winter...

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On August 5, 2024, the United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) denied Associated Electric Cooperative, Inc.’s (“AECI”) petition for review of a Federal Energy Regulatory Commission (“FERC”)...more

Allen Matkins

Renewable Energy Update 8.19.24

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Analyst Wood Mackenzie expects the U.S. community solar sector to add 7.3 GW of new capacity by 2029, which would push the total cumulative installed community solar capacity to above 14 GW, according to a recent report...more

Cornerstone Research

U.S. Natural Gas Marketed Production Reaches Record Highs

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Ukraine War contributes to substantial increase in U.S. LNG exports to Europe. Washington—Annual marketed production of natural gas increased in the United States to a record high in 2022...more

Jones Day

U.S. Senators Release Long-Awaited Energy Permitting Reform Bill

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On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more

Troutman Pepper

Court Vacates FERC “Soft” Cap Refund Order Issued After 2020 California Heat Wave

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On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated orders issued by the FERC that required six wholesale power sellers (the “Sellers”) to issue refunds to...more

Troutman Pepper

FERC Issues ANOPR on Dynamic Line Ratings

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On June 27, 2024, FERC issued an advance notice of proposed rulemaking (“ANOPR”) regarding potential reforms to require transmission providers to use dynamic line ratings (“DLRs”) to encourage more accurate and transparent...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Troutman Pepper

FERC Accepts CAISO’s Request to Raise Soft Cap Offer

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On April 25, 2024, FERC approved the California Independent System Operator Corporation’s (“CAISO”) request to increase its capacity procurement mechanism (“CPM”) soft cap offer from $6.31/kW-month to $7.32, which will become...more

Foley Hoag LLP - Energy & Climate Counsel

U.S. Department of Energy Issues Final Transmission Permitting Rule, Announces $331 Million Transmission Facilitation Program...

The Final Rule implements a May 2023 Memorandum of Understanding between the federal agencies currently responsible for various aspects of environmental review and permitting of transmission projects and creates the...more

Troutman Pepper

Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

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On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more

Troutman Pepper

FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

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On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more

Troutman Pepper

FERC Proposes to Largely Eliminate Compensation for Reactive Power

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On March 21, 2024, FERC proposed to prohibit transmission providers from being compensated through their transmission rates charges for reactive power that is within the standard power factor range from generating facilities....more

Troutman Pepper

Senate Committee Considers Three New FERC Nominees

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On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more

Foley Hoag LLP - Energy & Climate Counsel

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission...more

Troutman Pepper

Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

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On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator...more

Foley Hoag LLP - Energy & Climate Counsel

New England Electricity Restructuring Roundtable Meeting Summary: Wholesale Markets and the Clean-Energy Transition

On March 22, 2024, Foley Hoag hosted the latest gathering of the New England Electricity Restructuring Roundtable. The Roundtable, which has been meeting regularly since 1995, was originally organized to contemplate the...more

Foley Hoag LLP - Energy & Climate Counsel

More Federal-State Collaboration at FERC: The Commission Establishes the Federal and State Current Issues Collaborative

At FERC’s March 2024 Open Meeting, the Commissioners announced a new cooperative effort between FERC and the states: the Federal and State Current Issues Collaborative (“Current Issues Collaborative”)....more

Dorsey & Whitney LLP

Energy Law: Week in Review - March 2024

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Welcome to Dorsey’s Energy Law: Week in Review. We provide this update to our clients to identify significant developments from the previous week....more

Foley Hoag LLP - Energy & Climate Counsel

Energy Storage Sands Continue to Shift at Last NYISO Task Force Meeting Before Order No. 2023 Compliance Filing

On Friday, March 15, 2024, the NYISO hosted what is expected to be the last of its Interconnection Issues Task Force (“IITF”) meetings before making its FERC Order No. 2023 compliance filing on April 3, and it was clear that...more

Troutman Pepper

Sixth Circuit Finds that FERC Overstepped its Authority on Voluntary Remand of PJM Reserve Market Design Changes

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On December 19, 2023, the U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”), in Electric Power Supply Association; PJM Power Providers Group v. FERC, held that the former Chair of the Federal Energy Regulatory...more

Foley Hoag LLP - Energy & Climate Counsel

Unpacking Recent FERC Orders on Transmission Rate Incentives: A Download for Developers

Recently, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) has issued two Orders regarding transmission projects’ requests for transmission rate incentives. The pair of rulings, each of which includes a...more

Spilman Thomas & Battle, PLLC

Currents Energy Industry Insights: V 8, Issue 2, February 2024

Welcome to the second 2024 issue of Currents - our e-newsletter focused on energy topics. Business today is characterized by relentless change. To assist our clients in navigating this dynamic landscape, we pride...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Commissioners Phillips, Clements Call for “Cure Periods” in Interconnection Procedures

Two FERC Commissioners are asking electric transmission providers to introduce “cure periods” into their interconnection procedures, hoping to reduce the likelihood that energy projects are thrown back to the start of the...more

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