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

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

FERC Issues Landmark Generator Interconnection Reforms

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

FERC Reverses Course on QF Power Production Capacity Standard

On March 19, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order returning to its longtime standard used to determine a generating facility’s “power production capacity” for purposes of certification as a...more

FERC Continues Efforts to Facilitate DER Participation in Wholesale Markets

Background - In September 2020, FERC released its landmark Order No. 2222, requiring organized wholesale markets to examine their market rules and to prepare appropriate revisions to remove barriers to the participation of...more

FERC Expands QF Eligibility to Include Certain Fuel Cells

Background - On December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a final rule (“Order No. 874”) amending the definition of “useful thermal energy” in its regulations under the Public Utility...more

FERC Reconsiders QF Power Production Capacity Standard

On September 1, 2020, the Federal Energy Regulatory Commission (“FERC”) issued an order departing from its longtime standard used to determine a generating facility’s “power production capacity” for purposes of certification...more

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