During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval...more
4/22/2025
/ Constitutional Challenges ,
Devon Energy Production v Sheppard ,
Energy Projects ,
FERC ,
PJM ,
Preemption ,
Regulatory Authority ,
State and Local Government ,
Transmission Lines ,
Transmission Planning ,
Utilities Sector
President Donald Trump issued an executive order (EO) titled "Zero-Based Regulatory Budgeting to Unleash American Energy" that directs the Federal Energy Regulatory Commission (FERC) and three other federal agencies to...more
4/16/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Deregulation ,
Energy Sector ,
Executive Orders ,
FERC ,
Loper Bright Enterprises v Raimondo ,
Notice and Comment ,
Regulatory Requirements ,
Rulemaking Process ,
Sunset Provisions ,
Trump Administration
President Donald Trump issued an executive order (EO) on April 8, 2025, titled "Strengthening the Reliability and Security of the United States Electric Grid." The order marks a significant step in addressing the growing...more
4/15/2025
/ Critical Infrastructure Sectors ,
Data Centers ,
Department of Energy (DOE) ,
Electricity ,
Energy Policy ,
Energy Sector ,
Executive Orders ,
Federal Power Act ,
FERC ,
Infrastructure ,
National Security ,
Power Grid ,
Regulatory Reform ,
Trump Administration
The Federal Energy Regulatory Commission (FERC or Commission) on Feb. 20, 2025, initiated a review of issues associated with the co-location of large loads (such as data centers) at generating facilities in the PJM...more
2/26/2025
/ Capacity Market ,
Cost Allocation ,
Data Centers ,
Energy Policy ,
Energy Sector ,
FERC ,
Infrastructure ,
Order to Show Cause ,
PJM ,
Reliability Standards ,
Transmission Grid
Co-located load – will it help keep the lights on when the impending onslaught of new electrical load hits the nation's grid in the upcoming years? Questions regarding an aging grid that is being stretched thin and whether...more
11/11/2024
/ Data Centers ,
Economic Development ,
Energy Sector ,
FERC ,
Independent Power Producers (IPPs) ,
ISOs ,
Jurisdiction ,
National Security ,
Power Grid ,
Public Utilities Commission ,
Regulatory Standards ,
RTO ,
Technical Conference
For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal...more
9/8/2023
/ Administrative Procedure Act ,
Chevron v NRDC ,
Energy Market ,
Energy Reform ,
Energy Sector ,
FERC ,
ISOs ,
NEPA ,
PURPA ,
Renewable Energy ,
RTO ,
Utilities Sector
The Federal Energy Regulatory Commission (FERC or Commission) on June 15, 2023, finalized a rule requiring interstate electric transmission providers to file one-time informational reports assessing the susceptibility of...more
At its open monthly meeting on March 16, 2023, the Federal Energy Regulatory Commission (FERC) approved a new cybersecurity standard proposed by the North American Electric Reliability Corporation (NERC) to address the supply...more
3/21/2023
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Federal Power Act ,
FERC ,
Infrastructure ,
NERC ,
Regulatory Standards ,
Risk Assessment ,
Risk Mitigation ,
Supply Chain ,
Utilities Sector
The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more
7/2/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Delegation Authority ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Right of Way ,
SCOTUS ,
Sovereign Immunity
Starting this fall, the Federal Energy Regulatory Commission (FERC) will implement new rules affecting wholesale electricity sellers that have obtained (or will obtain) market-based rate (MBR) authority from the Commission....more
The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more
3/3/2021
/ Administrative Review ,
Biden Administration ,
Determination of Need (DoN) ,
Electricity ,
Eminent Domain ,
Energy Projects ,
Energy Sector ,
Environmental Impact Statements ,
Environmental Justice ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Policy Statement ,
Property Owners ,
Public Comment ,
Public Policy ,
Social Justice Issues ,
Utilities Sector
• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more
4/27/2018
/ Comment Period ,
Eminent Domain ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Executive Orders ,
FERC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Land Owners ,
Natural Gas ,
NEPA ,
Notice of Inquiry ,
Oil & Gas ,
Policies and Procedures ,
Section 7 ,
Trump Administration
The huge unknown about President-Elect Donald Trump's energy plans is in electric power. Whatever he decides, with a unified Republican Congress behind him, he has the ability to shape federal electric policy in the coming...more
12/7/2016
/ Clean Power Plan ,
Coal ,
Coal Ash ,
Coal Industry ,
Electricity ,
Energy Policy ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FERC ,
Natural Gas ,
Nuclear Power ,
Obama Administration ,
Trump Administration
The U.S. Supreme Court on April 19, 2016, issued its decision in the third and final energy case this term. In Hughes v. Talen Energy Marketing, et al., the Court clarified the Federal Energy Regulatory Commission's (FERC)...more
In FERC v. Electric Power Supply Association et al., the U.S. Supreme Court held in a 6-2 decision that the Federal Energy Regulatory Commission (FERC) has the authority, pursuant to the Federal Power Act (FPA), to regulate...more
Introduction. In this brief essay, we have two objectives: first, to provide a glimpse at the complexities that will be faced by electric power utilities, wholesale power generators, power grid operators and their customers...more