FERC Trims Obsolete Oil and Gas Regulations to Conform with Executive Order

Venable LLP

On October 3, 2025, the Federal Energy Regulatory Commission (FERC) rescinded a series of outdated regulations to meet the requirement of Executive Order 14154, “Unleashing American Energy,” that “heads of all agencies shall review all existing regulations…to identify those agency actions that impose an undue burden on the identification, development, or use of domestic energy sources.”[1] FERC’s changes remove transitional rules, obsolete filing requirements, and provisions superseded by later reforms, meeting the requirements of EO 14154 while leaving the Code of Federal Regulations clearer and more streamlined.

General Rules

FERC eliminated 18 CFR 375.104 and 375.105, which were adopted following the 1977 Department of Energy Organization Act to govern the transfer of proceedings and filings during the transition from the Federal Power Commission. These rules are no longer necessary, having been replaced by other procedures. In addition, FERC removed provisions at 18 CFR 157.205(b)(5), 385.203(d), and 385.206(b)(10) that required parties to submit notices for publication in the Federal Register, a practice now outdated by modern filing systems.

Oil Pipeline Rules

The Commission rescinded 18 CFR 385.101(b)(3), which directed parties to apply certain Department of Transportation (DOT) rules in cases of inconsistency. Because FERC now maintains a regulatory framework for oil pipelines, reliance on DOT rules is no longer needed.

Natural Gas Rules

The most significant changes affect natural gas regulations. FERC struck policies at 18 CFR 2.78, 2.103, and 2.105, which addressed conservation, take-or-pay provisions, and gas supply charges prior to the functional unbundling of pipelines. It also removed requirements at 18 CFR 156.5(a)(9) and 157.14(a)(11) that applicants submit “Exhibit H – Total Gas Supply Data,” information no longer relevant to the Commission’s review. Finally, FERC repealed 18 CFR 1101–1117, which implemented adjustment provisions under the Natural Gas Policy Act, since those statutory provisions have already been repealed.

Conclusion

The immediate impact on regulated entities is modest, as the rescinded provisions were rarely applied. However, the action reflects FERC’s ongoing effort to modernize its regulations and reduce unnecessary compliance burdens. Companies should take the opportunity to update compliance manuals and filing protocols to reflect the streamlined rules.


[1] Exec. Order 14154, 90 Fed. Reg. 8353 (Jan. 20, 2025).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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