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FERC Expands Transmission Siting Authority in National Interest Corridors

On May 13, 2024, the Federal Energy Regulatory Commission ("FERC") issued a final rule expanding its siting authority over the construction and modification of electric transmission facilities within National Interest...more

FERC Launches Inquiry Into Blanket Authorizations for Investment Companies

On December 19, 2023, the Federal Energy Regulatory Commission ("FERC") issued a Notice of Inquiry ("NOI") seeking comment in early 2024 on whether and how to revise its policy on blanket authorizations for investment company...more

FERC Approves NERC Plan to Make Some Wind, Solar, and Storage Resources Subject to Reliability Standards

On May 18, 2023, the Federal Energy Regulatory Commission ("FERC") took one more step in its ongoing efforts to enhance and protect the reliability of the bulk power system by approving a work plan submitted by the North...more

FERC Approves New Extreme Cold Weather Reliability Standards

On February 16, 2023, the Federal Energy Regulatory Commission ("FERC") approved[1] two new extreme cold weather Reliability Standards proposed by the North American Electric Reliability Corporation ("NERC"): EOP-011-3...more

4/4/2023  /  Electricity , Energy Sector , FERC , NERC

D.C. Circuit Upholds FERC’s “Send-Out” Approach to PURPA

In a win for independent power producers, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit" or the "Court") recently affirmed the Federal Energy Regulatory Commission's ("FERC's") "send-out"...more

FERC Directs NERC to Study Bulk Electric System's Internal Cybersecurity Gaps

Continuing a recent trend in which the Federal Energy Regulatory Commission ("FERC") has been directing the North American Electric Reliability Corporation ("NERC") to improve or maintain the reliability of the nation's...more

FERC Directs NERC to Present Security Report in Response to Physical Attacks on the Electric Grid

On December 15, 2022, FERC issued an order directing the North American Electric Reliability Corporation ("NERC") to study the efficacy of its physical security reliability standard in light of a rash of recent physical...more

1/12/2023  /  Electricity , Energy Sector , FERC , NERC , Power Grid

Renewables Would Be Covered Under FERC's Proposals to Make the Grid More Reliable

"Better late than never" was Commissioner Christie's sentiment when he addressed the Federal Energy Regulatory Commission's ("FERC's") unanimously approved issuances concerning inverter-based resources ("IBRs"). In a series...more

FERC's Notice of Proposed Rulemaking Leads a Trio of Issuances on Inverter-Based Resources

The Federal Energy Regulatory Commission (FERC) is proposing new reliability requirements that will apply to renewable and storage resources. On November 17, 2022, FERC issued a Notice of Proposed Rulemaking ("NOPR") to...more

12/8/2022  /  Electricity , Energy Sector , FERC , NERC , Power Grid

PJM Proposes New Model for Distributed Energy Resource Aggregation

On February 1, 2022, PJM Interconnection, L.L.C., submitted a compliance filing (Filing) in response to Order No. 22221 of the Federal Energy Regulatory Commission (FERC). That order removed barriers to participation by...more

FERC Directs NERC to Expand Protections to Internal Networks

On January 20, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) directing the North American Electric Reliability Corporation (NERC) to develop new or modified standards that...more

FERC Seeks Public Comment on New Potential Reforms to Regional Planning of Electric Transmission and Generator Interconnection

On July 15, 2021, the Federal Energy Regulatory Commission (FERC) issued an Advance Notice of Proposed Rulemaking (ANOPR) that seeks public comment on a number of potential reforms to improve the electric regional...more

FERC Declines to Address Net Metering Petition

Introduction - In a perfunctory ruling on July 16, 2020 (Order),1 dismissing a petition filed by the New England Ratepayer's Association (NERA), the Federal Energy Regulatory Commission (FERC or Commission) declined to assert...more

7/21/2020  /  FERC , Net Metering

D.C. Circuit Rejects State Challenges to FERC's Energy Storage Order

In a forceful rejection of several legal challenges, the D.C. Circuit Court of Appeals issued an opinion on July 10, 2020, upholding FERC's Order No. 841, which directed wholesale market operators to establish market...more

7/15/2020  /  Energy Sector , Energy Storage , FERC , ISOs , RTO

FERC Considers Enhancements to Cybersecurity in Notice of Inquiry and Staff White Paper

The Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on June 18, 2020, requesting comments on potential enhancements to the current U.S. Critical Infrastructure Protection (CIP) Reliability...more

One of These Is Not Like the Others: Federal Regulatory Efforts to Adapt to the Expanded Use of Energy Storage

Federal Energy Regulatory Commission (FERC) electric regulation has traditionally put resources into defined categories (generation, transmission, distribution), but energy storage devices defy easy categorization. They can...more

6/9/2020  /  Energy Storage , FERC , MISO , NERC

FERC Extends Reliability Standard Implementation Deadlines

In response to a motion by the North American Electric Reliability Corporation (NERC), and consistent with the policy statements and pronouncements reflecting flexibility in addressing proceedings during a pandemic, FERC...more

FERC and NERC to Consider the Impacts of COVID-19 on Registered Entities

On Wednesday, March 18, FERC and NERC jointly announced that they were exercising their regulatory discretion to consider the impacts of the COVID-19 outbreak on the ability of operators of the bulk electric system to comply...more

FERC Rejects FirstEnergy’s Application To Transfer Generating Facility to an Affiliated Utility

In an order issued on January 12, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) rejected an application by Monongahela Power Company (“Mon Power”), a franchised public utility subsidiary of...more

Trump Track: FERC Rejects DOE Coal/Nuclear Rule Proposal But Initiates A New One

On January 8, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order declining to conduct a rulemaking proposed by Department of Energy Secretary Rick Perry to that would create rate...more

NYPSC Clarifies Clean Energy Standard (“CES”) and Commences First Compliance Year

On August 1, 2016, the New York Public Service Commission (the “NYPSC” or “Commission”) issued an Order Adopting a Clean Energy Standard (CES Order). In the CES Order, the Commission adopted the State Energy Plan (“SEP”) goal...more

Congress Acts to Protect Critical Electric Infrastructure Information

On December 4, 2015, President Obama signed into law the “FAST Act”—short for Fixing America’s Surface Transportation Act. Though primarily a highway bill, the FAST Act also includes energy security amendments to the Federal...more

FERC Modifies Filing Requirements for Market-Based Rate Sellers and Clarifies Gen-Tie Priority Rights Rules

At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC" or “Commission”) issued three orders pertaining to its market-based rate regulations. In Order No. 816, the Commission adopted proposals to update...more

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