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Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting...

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of...more

Order No. 1920: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation - Landmark Order...

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule implementing transmission planning and cost allocation reforms intended to promote the more efficient and...more

Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR...

On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (FERC or Commission) are judicially...more

FERC Finalizes Interconnection Queue Reforms

On July 28, 2023, following up on its June 2022 Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”), the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its long-awaited rulemaking...more

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

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

Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds

On August 30, 2022, the Fifth Circuit issued an opinion condemning a far-reaching Texas law on electric transmission right-of-first-refusal (“ROFR”). The decision concerns a 2019 Texas law that restricted the ability to...more

FERC Renews Focus on Order No. 860 Database Compliance

Federal Energy Regulatory Commission’s (“FERC’s”) Order No. 860 required all entities authorized by FERC to sell electric energy, capacity, and/or ancillary services at market-based rates (“MBR Sellers”) to submit baseline...more

FERC Proposes Overhaul of Interconnection Procedures

On June 16, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”) seeking comments on proposed reforms to FERC’s pro forma...more

FERC Issues Proposal To Overhaul Transmission Planning and Cost Allocation

On April 21, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a much-anticipated Notice of Proposed Rulemaking (“NOPR”) proposing changes to its transmission planning and cost allocation policies...more

FERC Endeavors to Encourage Transmission Development in Coordination With States

At the June 17, 2021 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a policy statement and an order reflecting its continued support for transmission project development and...more

FERC Staff Issues White Paper on Hybrid Resources; Seeks Industry Input

On May 26, 2021, Federal Energy Regulatory Commission (“FERC”) staff issued a white paper regarding the current status and use of hybrid resources – e.g., co-located generation and storage facilities – in wholesale markets,...more

FERC Reverses Broadview on Rehearing; Reinstates Focus on Output in Evaluating 80 MW Cap for QFs

On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC, 174 FERC ¶ 61,199 (2021)...more

FERC Refines DER Wholesale Market Participation Rules

On March 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order on rehearing of its landmark final rule, Order No. 2222, pertaining to the participation of distributed energy resources (“DER”) through an...more

FERC Delays Implementation of New MBR Database Reporting Requirements and Clarifies Obligation To Report Upstream Owners

On March 18, 2021, in response to a petition seeking clarification regarding the treatment of certain institutional investors for purposes of the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) regulations,...more

Regulators to Review Market Design and Reliability Following 2021 Polar Vortex

Over Presidents’ Day weekend 2021, an unprecedented cold weather event hit the Midwest and South central United States. The storm led to major disruptions to infrastructure throughout the region, including icy road...more

Things Looking Up for Renewable Resources at Federal Energy Regulatory Commission

At the Federal Energy Regulatory Commission (“FERC” or “Commission”), President Joseph Biden selected Richard Glick, one of two Democratic commissioners on the five person commission, as Chairman. The Chair sets FERC’s...more

FERC Proposes Incentive-Based Rate Treatment for Cybersecurity Investments

On Thursday, December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR” or “Proposed Rule”) seeking comment on proposals that would allow public utilities to make a...more

FERC Adopts Expanded Definition of Cogeneration QFs to Include Certain Fuel Cell Systems

On December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) adopted a final rule (“Final Rule”) regarding the potential for certain fuel cell systems to attain qualifying facility (“QF”) status pursuant to...more

FERC Offers Limited Clarifications on its PURPA Reform Order

By a November 19, 2020 Order on Rehearing, the Federal Energy Regulatory Commission (“FERC” or “Commission”) clarified a discrete set of issues arising from its landmark July 2020 order (“Final Rule”) modifying the...more

FERC Proposes New Treatment of Fuel Cells Under PURPA

Comments for FERC’s Notice of Proposed Rulemaking on Fuel Cell Energy Output (“NOPR”) are due tomorrow, November 25, 2020. In the NOPR, FERC proposes to modify its regulations for qualifying facility (“QF”) status under the...more

FERC Issues Landmark Order on Distributed Energy Resources

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

FERC Redefines QF Eligibility Requirements

On September 1, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order breaking with decades of precedent regarding how it will determine whether a renewable resource is eligible for...more

FERC Finalizes Reforms to PURPA Regulations

On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872, a final rule that the Commission explains is intended to implement its statutory mandate to update rules promulgated...more

Electric Transmission and Distribution Utilities and FERC COVID-19 Relief

On March 13, 2020, President Trump deemed the COVID-19 outbreak in the United States a national emergency as of March 1, 2020.  Due to the pandemic, certain electric transmission and distribution public utilities have...more

FERC Proposes To Limit Availability Of Tariff Waivers

At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements. As discussed...more

5/28/2020  /  FERC , Tariffs , Waivers
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