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FERC Settles Decade-Old Enforcement Allegations

In 2016, a new play called Hamilton was dominating Broadway, Pokémon Go was all the rage, and the Summer Olympics were held in Rio. Also that year, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued an...more

FERC Enforcement Uses Duty of Candor Rule to Impose Penalties on PJM Utility for Allegations Related to Transmission Planning...

The Federal Energy Regulatory Commission’s (“FERC” or “Commission”) Office of Enforcement (“Enforcement”) continues to focus on enforcing its duty of candor rules, with a recent action resulting in a $6.6 million civil...more

FERC Issues Order on Remand for Transmission Return on Equity Methodology, but Leaves the Door Open for Future Challenges

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order on Remand (the “Order”) following the D.C. Circuit’s August 2022 decision in MISO Transmission Owners v. FERC,...more

AI’s Power Consumption Could Put the Grid — and Energy Regulators — to the Test

The story of artificial intelligence (“AI”) is one of technological promise and societal challenge, and its impact on the U.S. electric power grid is fast becoming a pivotal chapter. The promise is compelling. AI could...more

FERC Issues Final Rules on Electric Transmission Planning, Cost Allocation, and Backstop Authority Evaluation Procedures

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) established “a new foundation” upon which new electric transmission facilities can be planned, paid for, and built. The Commission did so...more

DOE Issues Final Rule on Coordination of Federal Authorizations for Electric Transmission Facilities

The United States electric grid is becoming increasingly stressed as the nation navigates the energy transition and demand for electricity rises. On May 1, 2024, recognizing the stress on the grid and the need for additional...more

NERC Files Revisions to Rules of Procedure Subjecting Certain Unregistered Inverter Based Resources to Mandatory Reliability...

On March 19, 2024, the North American Electric Reliability Corporation (“NERC”) asked the Federal Energy Regulatory Commission (“FERC”) to approve revisions to NERC’s Rules of Procedure (“ROP”) that would require certain...more

Four Key Predictions for FERC’s 2024 Electricity Agenda

Over the past few years, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the Department of Energy (“DOE”) have proposed many rules to support the Biden Administration’s push to build transmission...more

Increased FERC Enforcement of Rules Governing Capitalizing of Overhead Expenses for Electric Utilities and Gas Pipelines

We have recently seen an increase in audits by the Federal Energy Regulatory Commission’s (“FERC”) Office of Enforcement (“OE”) that take issue with the way electric utilities and interstate natural gas pipelines allocate...more

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more

Improvements to Generator Interconnection Procedures and Agreements

On July 27, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a final rule intended to revolutionize the interconnection process. Among other things, the final rule replaces the prior...more

The Federal Government’s High-Wire Act: Setting FERC up to Employ its Transmission Siting Backstop Authority

Much of the nation’s electric transmission grid is old and deteriorating, designed well before the recent transition from coal and oil-fired generation to renewable and distributed generation. There is widespread agreement...more

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