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Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more

Troutman Pepper Summary of FERC Order No. 2023-A on Generator Interconnections

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

Department of Energy Issues Final Guidance on National Interest Electric Transmission Corridor Designation

On December 19, 2023, the Department of Energy (“DOE”) Grid Deployment Office released final guidance on how it will designate National Interest Electric Transmission Corridors (“NIETC”) pursuant to Section 216(a) of the...more

FERC Conditionally Approves CAISO Market Expansion

On December 20, 2023, FERC approved the California Independent System Operator Corporation’s (“CAISO”) proposal to establish the Extended Day Ahead Market (“EDAM”), which allows external Balancing Authority Areas (“BAAs”) to...more

D.C. Circuit Upholds PJM Tariff Changes to Planning of Asset Management and End of Life Projects

On November 17, 2023, the U.S. Court of Appeals of the District of Columbia Circuit (“D.C. Circuit”) denied petitions challenging FERC’s approval of recent changes to the PJM Interconnection, L.L.C.’s (“PJM”) Open Access...more

Department of Energy Releases Triennial National Transmission Needs Study

On October 20, 2023, the U.S. Department of Energy (“DOE”) released the National Transmission Needs Study, a triennial report that assesses electric transmission capacity constraints and congestion on a national scale. While...more

FERC Directs NERC to Develop Reliability Standards for Inverter Based Resources

On October 19, 2023, FERC issued a final rule directing the North American Reliability Corporation (“NERC”) to develop or modify reliability standards to address reliability concerns attributable to inverter-based resources...more

Troutman Pepper Summary of FERC Order No. 2023 on Generator Interconnection Reform

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

D.C. Circuit Addresses Appeals of Rehearings Denied by Operation of Law

In its May 26, 2023 opinion in Sierra Club v. Federal Energy Regulatory Commission, the United States Court of Appeals for the District of Columbia Circuit addressed challenges to its jurisdiction to hear appeals of...more

D.C. Circuit Finds FERC Failed to Justify Not Preparing a Supplemental EIS for Mountain Valley Pipeline

On May 26, 2023, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. Federal Energy Regulatory Commission largely denying challenges to several FERC orders authorizing...more

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