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FERC Accepts Tennessee Gas Pipeline’s New PowerServe Rate Schedule and Authorizes Capacity Lease Agreement with Kinder Morgan

On September 29, 2023, FERC approved Tennessee Gas Pipeline Company, L.L.C.’s (“TGP”) proposal to lease intrastate capacity from Kinder Morgan Texas Pipeline LLC (“Kinder Morgan”) to offer a new hourly transportation...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

State Attorneys General Argue BlackRock is Violating its FERC Blanket Authorization

A group of 17 states, through their Attorneys General (“State AGs”), filed a motion (“Motion”) on May 10, 2023, requesting that the Commission audit and investigate whether BlackRock is acting as an “activist” investor,...more

FERC Addresses Social Cost of Carbon and Environmental Justice Analysis on Remand

On remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), FERC reaffirmed that Rio Grande LNG, LLC’s proposed liquified natural gas (“LNG”) terminal project (“Rio Grande LNG...more

FERC Partially Accepts ISO-NE Order No. 2222 Compliance Filing, but Expresses Concern that Proposal Could Create Undue Barrier to...

On March 1, 2023, FERC partially approved ISO New England’s (“ISO-NE”) proposed tariff revisions in compliance with Order No. 2222, which removed barriers to the participation of distributed energy resource (“DER”)...more

D.C. Circuit Upholds FERC Interpretation of PURPA Size Limitation Based on “Send out” to Point of Interconnection

On February 14, 2023, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s March 2021 order granting Broadview Solar, LLC’s (“Broadview”) hybrid solar and battery project...more

On Rehearing, FERC Upholds Jurisdiction over AECI Emergency Energy Transactions in SPP Market During Winter Storm Uri

On January 19, 2023, FERC issued an order upholding its decision to exercise primary jurisdiction over emergency energy sales between Southwest Power Pool, Inc. (“SPP”) and Associated Electric Cooperative, Inc. (“AECI”)...more

FERC Accepts Arizona Public Service Company’s Proposal to Adopt Flowgate ATC Methodology and Denies Its Request to Waive TTC...

On December 15, 2022, FERC issued an order accepting Arizona Public Service Company’s (“APS”) revisions to its Open Access Transmission Tariff (“Tariff”) that would allow APS to begin using the Flowgate Methodology for...more

Various State Attorneys General Urge FERC to Revoke Vanguard’s Blank Waiver to Acquire Utility Securities

On November 28, 2022, various State Attorneys General intervened to protest (the “Protest”) a filing made by The Vanguard Group, Inc., along with its affiliated entities (collectively, “Vanguard”) requesting to extend the...more

FERC Finds PUHCA Exemptions Appropriate for Holding Company Ownership of Grid-Charging Storage Facilities Selling at Retail

On November 17, 2022, FERC granted a petition for declaratory order (“Petition”) filed by Ameresco, Inc. (“Ameresco”) and its subsidiaries (collectively with Ameresco, “the Ameresco Companies”) requesting exemption from...more

FERC Declines to Act on California Rooftop Solar PURPA Petition

On October 25, 2022, FERC declined to act on a petition for enforcement against California’s rules for solar installations implemented pursuant to the Public Utility Regulatory Policies Act (“PURPA”). As a result, ongoing...more

FERC Sustains Prior Order Approving Revisions to SPP’s Tariff Establishing Uniform Zonal Planning Criteria

On October 20, 2022, the Federal Energy Regulatory Commission (the “Commission”) issued an order addressing Oklahoma Gas and Electric Company, GridLiance High Plans LLC, and the Indicated SPP Transmission Owners’ (consisting...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

FERC Proposes a New, Broader Duty of Candor Rule

On July 28, 2022, FERC proposed a new “duty of candor” rule that would broadly apply to “all entities communicating with the Commission or other specified organizations related to a matter subject to the jurisdiction of the...more

8/8/2022  /  Energy Sector , FERC , ISOs , RTO

Generation Project Developers Agree to Pay Civil Penalties, Disgorge Profits, after FERC Enforcement Investigations

On June 24th and 27th, 2022 FERC approved two stipulations and consent agreements between FERC’s Office of Enforcement (“Enforcement”) and two separate project developers. First, sPower Development Company, LLC (“sPower...more

7/13/2022  /  Energy Sector , FERC , Investigations , Tariffs

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 Proposes Changes to Filing and Reporting Requirements for NGA Section 4 Rate Cases

On May 19, 2022, FERC issued a Notice of Proposed Rulemaking (NOPR) to establish a rule that would require natural gas pipelines to submit all supporting statements, schedules, and workpapers in native format, with all links...more

FERC Reverses Approval of CAISO Capacity Market Adder

On April 22, 2022, the Commission on remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), reversed its approval of the California Independent System Operator Corporation’s...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 Changes Policy Statements on Pipeline Certification and GHG Emissions to Draft Policy Statements, Seeks Comment on Draft...

On March 24, 2022, FERC changed course and designated the two policy statements it issued last month regarding the certification of interstate natural gas pipelines (“Updated Policy Statement”) and consideration of greenhouse...more

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 Announces New Policy on Interventions in Extension of Time Proceedings for Gas Pipeline Certificates

On January 20, 2022, FERC granted Adelphia Gateway, LLC’s (“Adelphia”) request for an 18-month extension of time, until June 20, 2023, to construct and place into service the proposed Adelphia Gateway Project. The order also...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

Applicants for Jordan Cove LNG Project Request FERC to Vacate Authorizations

On December 1, 2021, Jordan Cove Energy Project and Pacific Connector Gas Pipeline (the “Jordan Cove Developers” or “Developers”) notified the Federal Energy Regulatory Commission (the “Commission”) of their decision not to...more

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