News & Analysis as of

Federal Power Act Transmission Grid

Balch & Bingham LLP

Beyond Chevron: The Future Of FERC’s Authority In A Post-Deference Era

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On June 28, 2024, the Supreme Court overruled Chevron in Loper-Bright Enterprises v. Raimondo, fundamentally altering the judicial approach to agency interpretations of the law, particularly when assessing an agency’s scope...more

Husch Blackwell LLP

FERC Initiates Section 206 Investigation Into RTO “Self Fund” Policy

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On June 13, 2024, the Federal Energy Regulatory Commission (FERC) issued an “Order to Show Cause” (Order) under Section 206 of the Federal Power Act to four regional transmission organizations (RTOs) and independent system...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

Troutman Pepper

Divided FERC Announced Much-Anticipated Transmission Rules

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On May 13, 2024, the Commission announced two major transmission reform final rules: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation (“Order No. 1920”) and Applications for Permits...more

Troutman Pepper

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

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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

White & Case LLP

Summary of FERC Meeting Agenda for November 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on November 16, 2023, pursuant to the sunshine notice released on November 9, 2023....more

Troutman Pepper

FERC Directs PJM to Use a Historical Simulation Model with a 99% Confidence Level for its FTR Credit Requirement

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On September 21, 2023, the Commission approved, in part, PJM Interconnection L.L.C.’s (“PJM”) proposed tariff revisions regarding the calculation of the Financial Transmission Right (“FTR”) credit requirement (“September...more

Balch & Bingham LLP

FERC Issues Landmark Generator Interconnection Reforms

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On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context...more

Troutman Pepper

FERC Confirms that Orders Under Sections 210 and 211 of the Federal Power Act Would Not Generally Confer “Public Utility”...

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On March 16, 2023, FERC granted a petition declaring that, should it issue orders pursuant to Sections 210 and 211 of the Federal Power Act (“FPA”), which would be required for a prospective project to interconnect Puerto...more

A&O Shearman

The FERC (Inter)connection: PJM files for and FERC issues proposed reforms of the interconnection process

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June was an interconnection milestone. On June 14, PJM Interconnection, L.L.C. (“PJM”) filed a “comprehensive reform” of the interconnection process set forth in its Open Access Transmission Tariff (“OATT”). Two days later,...more

Holland & Knight LLP

FERC Proposes Major Reforms to Generator Interconnection Process

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The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more

Husch Blackwell LLP

FERC’S Next Big Electric Initiative

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On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power...more

Morgan Lewis - Power & Pipes

NARUC Submits Nominees to Joint Federal-State Task Force

The National Association of Regulatory Utility Commissioners (NARUC) has submitted 10 nominees to FERC to serve on the newly formed Joint Federal-State Task Force on Electric Transmission. Last month in Docket No. AD21-15,...more

Bracewell LLP

FERC Issues Landmark Order on Distributed Energy Resources

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The Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule, Order No. 2222, at its September 17, 2020 open meeting that aims to remove barriers for distributed energy resources (“DER”) to...more

Jones Day

FERC Opens a New Phase in Fights Over Utility Returns on Equity

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The Decision: The Federal Energy Regulatory Commission's ("FERC") Opinion No. 569 establishes new methodologies under Federal Power Act ("FPA") Section 206 for (i) determining whether existing electric utility transmission...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 20, 2019 meeting, pursuant to the agenda as issued on June 13, 2019. Agenda item H-1 has not been summarized due to omission...more

White & Case LLP

Summary of FERC Meeting Agenda for March 21, 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's March 21, 2019 meeting, pursuant to the agenda as issued on March 14, 2019. Agenda items E-3, E-19, and E-20 have not been included...more

Stinson LLP

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

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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

Davis Wright Tremaine LLP

DWT Energy Update

On January 25, 2016, the U.S. Supreme Court, in a 6-2 decision authored by Justice Kagan and supported by the Chief Justice, reversed the D.C. Circuit’s holding that the Federal Energy Regulatory Commission (FERC) intruded on...more

McCarter & English, LLP

EPA Clean Power Plan Considerations: Wheeling Renewable Power

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Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Erects Statutory Standing Bar to Appeals Challenging FERC Section 211A Orders

On August 10, 2015, the United States Court of Appeals for the 9th Circuit, in Northwest Requirements Utilities v. FERC, denied several petitions for review of Federal Energy Regulatory Commission (FERC) orders requiring...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

Latham & Watkins LLP

Federal Appeals Court Vacates FERC Order No. 745 On Demand Response Compensation

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On May 23, 2014, the U.S. Court of Appeals for the D.C. Circuit Court issued a decision in Electric Power Supply Association v. FERC (“EPSA”) vacating and remanding FERC’s Order No. 745, which provides compensation for demand...more

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