On June 28, 2024, the United States Supreme Court (“Supreme Court”) overruled its prior decision in Chevron U.S.A. v. Natural Resources Defense Council (“Chevron”) in a 6-3 vote in Loper Bright Enterprises et al. v. Raimondo,...more
On May 23, 2024, FERC approved the North American Electric Reliability Corporation’s (“NERC”) proposed Critical Infrastructure Protection (“CIP”) Reliability Standard, CIP-012-2 (Cyber Security – Communications between...more
On May 13, the Federal Energy Regulatory Commission (FERC or Commission) released its Order No. 1920 (Final Rule) to reform its policies regarding Regional Transmission Planning and Cost Allocation.1 The Final Rule follows...more
5/23/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Cost Allocation ,
FERC ,
Final Rules ,
Infrastructure ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Right of First Refusal ,
Transmission Grid ,
Transmission Lines ,
Transmission Planning
On May 13, 2024, the Commission announced two major transmission reform final rules: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation (“Order No. 1920”) and Applications for Permits...more
The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more
4/25/2024
/ Certifications ,
Clean Water Act ,
Construction Project ,
Deadlines ,
Department of Environmental Conservation ,
Energy Projects ,
FERC ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Section 401 ,
Water Quality
On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more
4/8/2024
/ Climate Change ,
Comment Period ,
Energy Policy ,
Energy Projects ,
FERC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Natural Gas ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Regulatory Agenda
On March 21, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023-A (Final Rule), which reaffirmed aspects of Order No. 2023 — the Commission’s landmark order updating its generator...more
On December 19, 2023, FERC issued a Notice of Inquiry (“NOI”) to examine whether and how to revise its policy on providing blanket authorizations for holding companies, including investment companies, to acquire securities in...more
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
On September 21, 2023, the Commission found that J.P. Morgan Investment Management Inc. (“J.P. Morgan Investment”) is an affiliate of Mankato Energy Center, LLC and Mankato Energy Center II, LLC (“Mankato Companies”) through...more
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
8/4/2023
/ Electric Generation Suppliers ,
Energy Market ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
Energy Storage ,
FERC ,
Final Rules ,
Infrastructure ,
Interconnections ,
ISO/RTO ,
Notice of Proposed Rulemaking (NOPR) ,
Renewable Energy ,
SGIP
On July 3, 2023, FERC affirmed its earlier determination that Bluescape Energy Partners, LLC’s (“Bluescape”) appointment of a non-independent director to Evergy Inc.’s (“Evergy”) Board of Directors overcomes the rebuttable...more
On June 13, 2023, the House of Representatives Subcommittee on Energy, Climate, and Grid Security held a hearing on the “Oversight of FERC: Adhering to a Mission of Affordable and Reliable Energy for America.” The hearing...more
6/29/2023
/ Energy Policy ,
Energy Reform ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
Fossil Fuel ,
NERC ,
Oil & Gas ,
Pipelines ,
Regulatory Agenda ,
Renewable Energy
On June 15, 2023, FERC issued two final rules aimed at boosting bulk power system resilience by improving how grid operators assess and plan for extreme weather impacts to the transmission system. One rule directs NERC to...more
6/29/2023
/ Electricity ,
Energy Policy ,
FERC ,
Infrastructure ,
NERC ,
Power Grid ,
Regulatory Agenda ,
Regulatory Reform ,
Reliability Standards ,
Severe Weather ,
Transmission Grid
On February 16, 2023, FERC addressed arguments raised on rehearing of its August 31, 2022, order accepting Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to establish a seasonal resource adequacy construct...more
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 January 19, 2023, FERC established that a facility’s classification as transmission or distribution under criteria established in the Southwest Power Pool, Inc.’s (“SPP”) Open Access Transmission Tariff (“Tariff”) can be...more
On November 29, 2022, FERC conditionally accepted PJM Interconnection, L.L.C.’s (“PJM”) tariff revisions to transition from a serial first-come, first-served generator interconnection queue process to a first-ready,...more
On August 26, 2022, Commissioner James Danly issued a statement in the FERC docket addressing PJM Interconnection, L.L.C.’s (“PJM”) replacement, focused Minimum Offer Price Rule (“Focused MOPR”). Commissioner Danly argued...more
On July 28, 2022, FERC upheld changes to PJM Interconnection, L.L.C.’s (“PJM”) Reserve Market that it first required in a December 2021 order on voluntary remand from the U.S. Court of Appeals for the District of Columbia...more
On May 20, 2022, the White House announced that President Joe Biden renominated current FERC Chairman Richard Glick for a second, five-year term as a member and Chairman of the Commission. Glick’s current term expires June...more
On April 29, 2022, the FERC rejected Midcontinent Independent System Operator Inc.’s (“MISO”) proposed tariff revisions that sought to “extend” MISO Transmission Owners’ option to self-fund transmission upgrades so as to...more
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
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
On February 18, 2022, FERC issued two new, significant policies governing how FERC will review proposals for new natural gas pipeline projects (see February 18, 2022, Troutman Pepper Insight). Headlining these policies is...more