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High-Level Summary of FERC Order No. 1920 on Transmission Planning and Cost Allocation

On May 13, the Federal Energy Regulatory Commission (FERC or Commission) released its Order No. 1920 (Final Rule) to reform its policies regarding Regional Transmission Planning and Cost Allocation.1 The Final Rule follows...more

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

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

Electricity Markets: A Regional Perspective [Video]

As the U.S. electricity sector continues to evolve, so too do regional electricity markets across the country. In this video, Troutman Pepper Partners Adrienne Thompson and Chris Jones provide a thorough overview of these...more

Troutman Pepper Summary of FERC Order No. 2023 on Generator Interconnection Reform

On July 28, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023 (Order No. 2023 or Final Rule), which updates the procedures for interconnecting large generating facilities (20MW and above)...more

FERC Denies Complaint Requesting Broadly-Applicable MOPR in NYISO

On September 22, 2022, FERC denied a complaint filed on October 14, 2020 by Cricket Valley Energy Center LLC and Empire Generating Company, LLC. Complainants alleged that the New York Independent System Operator, Inc.’s...more

D.C. Circuit Court of Appeals Denies Transmission Developer Challenge to MISO Baseline Reliability Project Cost Allocation

On August 19, 2022, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) denied a Petition for Review from LS Power and two other organizations (“Petitioners”) challenging FERC’s rejection of an earlier-submitted...more

9/22/2022  /  Energy Sector , Federal Power Act , FERC , MISO

Summary of FERC Interconnection NOPR

On June 16, FERC issued a Notice of Proposed Rulemaking (NOPR) focused on updating procedures for interconnecting large generating facilities (20MW and above) and small generating facilities (under 20MW). The NOPR proposes...more

6/29/2022  /  Energy Sector , FERC , ISOs , NPRM , Power Grid , RTO

FERC Clarifies Order on Transmission Line Ratings

On May 19, 2022, FERC issued Order No. 881-A responding to arguments raised on rehearing of Order No. 881, which revised the pro forma OATT and FERC regulations to increase the accuracy and transparency of electric...more

Summary of FERC’s April 2022 NOPR on Transmission Planning, Cost Allocation, and Generator Interconnection

On April 21, the Federal Energy Regulatory Commission (FERC or Commission) released its Notice of Proposed Rulemaking (NOPR) to reform its policies regarding Regional Transmission Planning and Cost Allocation. The NOPR...more

FERC Provides Additional Time to Prepare WECC Cost Justification Filings

On March 24, 2022, FERC issued an order granting a motion to extend the deadline for submitting the cost justification filings required for spot market sales in the Western Electricity Coordinating Council (“WECC”) region...more

FERC Reverses Prior Order, Allows NYISO to Prioritize Entry of Zero Emission Resources in New York’s Capacity Market

On February 17, 2022, FERC set aside its September 2020 order rejecting the New York Independent System Operator Corporations (“NYISO’s”) tariff revisions to the “Part A Test,” a component of NYISO’s buyer-side mitigation...more

2/24/2022  /  Energy Market , Energy Sector , FERC , Tariffs

FERC to Host Technical Conference on Financial Assurance Measures for Hydroelectric Projects

On January 25, 2022, FERC announced that FERC staff will hold a technical conference on Tuesday, April 26, 2022, regarding whether the Commission should require additional financial assurance mechanisms in the licenses and...more

FERC Accepts MISO’s Revisions to its Generator Interconnection Procedures Regarding Fuel Type Changes

On December 30, 2021, FERC accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) revisions to its Generator Interconnection Procedures (“GIP”), which MISO proposed to, among other things: (1) classify fuel...more

1/19/2022  /  Energy Sector , FERC , Interconnections

FERC Issues Final Rule on Transmission Line Ratings

On December 16, 2021, the Commission issued its final rule on transmission line ratings that reforms both the pro forma Open Access Transmission Tariff (“OATT”) and the Commission’s corresponding regulations in an effort to...more

FERC Accepts CAISO Tariff Changes for Co-located and Hybrid Resources

On November 30, 2021, FERC issued and order accepting a California Independent System Operator Corporation (“CAISO”) tariff filing designed to clarify its market rules for hybrid and co-located resources. CAISO proposed two...more

12/13/2021  /  CAISO , Energy Market , Energy Sector , FERC , Tariffs

Parties Request Rehearing of PJM’s Focused MOPR Policy

On November 29, 2021, FERC issued a notice stating that the requests for rehearing on PJM Interconnection, L.L.C.’s Focused Minimum Offer Price Rule (“Focused MOPR”) policy, which went into effect by operation of law on...more

FERC Accepts CAISO Proposal Regarding Storage and Demand Response Resources

On October 26, 2021, FERC issued an order accepting a California Independent System Operator Corporation (“CAISO”) tariff filing designed to improve CAISO’s markets by optimizing the performance of storage and demand response...more

FERC Commissioners Each Explain Southeast Energy Market Exchange Impasse

On October 21, 2021, during the Federal Energy Regulatory Commission’s monthly open meeting, each Commissioner released an explanatory statement regarding their views of the Southeast Energy Market Exchange (“SEEM”) proposal....more

FERC Staff Issues Whitepaper on Energy and Ancillary Services Market Reforms Ahead of Technical Conferences

On September 7, 2021, FERC staff issued a whitepaper to frame discussions ahead of two technical conferences planning to discuss potential anscillary services reforms. The whitepaper summarizes approaches that RTOs/ISOs are...more

9/16/2021  /  Energy Sector , FERC , ISO/RTO , OATT

FERC Issues Advance Notice of Proposed Rulemaking on Potential Reforms for Electric Transmission Planning, Cost Allocation, and...

On July 15, 2021, FERC issued an Advance Notice of Proposed Rulemaking (“ANOPR”) to solicit comments on potential reforms for electric regional transmission planning, cost allocation, and generator interconnection processes....more

FERC Establishes Joint Federal-State Task Force with NARUC and Issues Policy Statement to Spur Transmission Development

On June 17, 2021, FERC took two actions to encourage transmission development across the U.S. Specifically, FERC issued an order establishing a joint state-federal task force to evaluate transmission development issues, and...more

FERC Confirms NYTOs Federal Right of First Refusal to Build and Recover Cost of Upgrades to Existing Transmission Facilities

On April 15, 2021, FERC issued a declaratory order confirming that under FERC Order No. 1000, incumbent New York Transmission Owners (“NYTOs”) have a federal right of first refusal (“ROFR”) for upgrades to their existing...more

4/23/2021  /  Energy Sector , FERC , Utilities Sector

FERC Reverses September 2020 Order, Reinstating Long-Standing “Send Out” Test for Small Power Production QF 80MW Threshold

On March 19, 2021, FERC set aside a September 1, 2020 order (“September Order”) that had upended 40 years’ worth of FERC precedent regarding how to determine the 80MW threshold for small power production qualifying facilities...more

House Introduces CLEAN Future Act – A Comprehensive Bill to Achieve A Net Zero Greenhouse Gas Economy by 2050

On March 2, 2021, members of the United States House of Representatives introduced H.R.1512, the Climate Leadership and Environmental Action for our Nation’s Future Act (“CLEAN Future Act”). The CLEAN Future Act, aims to...more

D.C. Circuit Upholds FERC Cost Allocation Orders for PJM Artificial Island Transmission Project

On March 2, 2021, the United States Court of Appeals of the District of Columbia Circuit (“D.C. Circuit”) denied petitions for review of three FERC orders addressing cost allocation by PJM Interconnection, L.L.C. (“PJM”) for...more

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