News & Analysis as of

Infrastructure Federal Energy Regulatory Commission Energy Projects

Troutman Pepper Locke

FERC Grants and Denies in Part Basin Electric’s Transmission Incentive Petition

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On March 31, 2025, FERC granted in part and denied in part Basin Electric Power Cooperative’s (Basin Electric) petition for declaratory order seeking transmission incentives for the Roundup-Kummer Ridge Project, the...more

Troutman Pepper Locke

FERC Denies Complaint Over $23 Million in Network Upgrade Costs

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On March 20, 2025, FERC denied Ponderosa Power, LLC’s (“Ponderosa”) complaint alleging that NorthWestern Corporation’s (“NorthWestern”) application of its large generator interconnection procedures (“LGIP”) was unjust and...more

Jones Day

D.C. Circuit Decision Underscores Jurisdictional Limits of FERC Project Reviews Under NEPA

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On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision—Citizens Action Coalition of Indiana, Inc. v. Federal Energy Regulatory Commission, 125 F.4th 229 (2025) ("Citizens Action")—affirming...more

McCarter & English, LLP

MISO Proposes Short-Term Solution to Help Accelerate Generation Project Review Process

Energy markets in the United States are experiencing rapid changes on both the demand and supply sides of the equation. While various drivers such as a resurgence in manufacturing, data center buildouts for cloud computing...more

Foley Hoag LLP - Energy & Climate Counsel

Coming Soon? Rules for Co-Locating Data Centers and Generators in PJM

Some of the biggest questions—and opportunities—facing the electric power sector in 2025 revolve around data centers and how to power them. The U.S. Department of Energy projects that the share of the nation’s electricity...more

Perkins Coie

FERC Meeting Agenda Summaries for March 2025

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on March 13, at 10:00 a.m. ET. The summaries below are based on publicly...more

Troutman Pepper Locke

Petitioners Seek FERC Clarification Regarding Jurisdiction Over Proposed Storage-Based Transmission Project Between Puerto Rico...

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On February 10, 2025, Pluvia LLC (“Pluvia”) filed a petition for a declaratory order, asking FERC to clarify its jurisdiction to issue a preliminary permit for the construction, operation, and maintenance of transmission...more

Troutman Pepper Locke

FERC Grants Waiver Request to Prevent Termination of Interconnection Service to the Palisades Nuclear Plant

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On February 28, 2025, FERC granted a request by Holtec Palisades, LLC (“Holtec”) for waiver of certain provisions of the Midcontinent Independent System Operator, Inc. (“MISO”) Open Access Transmission, Energy and Operating...more

Dorsey & Whitney LLP

Energy Law: Month in Review - February 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

White & Case LLP

FERC Orders Review of Co-Located Generation for Data Centers in PJM

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Building on the record of two dockets, the Federal Energy Regulatory Commission (FERC) initiated a new proceeding to evaluate certain issues with respect to the co-location of large loads, namely to serve data centers, in the...more

K&L Gates LLP

FERC Moves Forward Quickly on Generator Co-Location With Large Loads

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During last week’s 20 February 2025 open meeting, the Federal Energy Regulatory Commission (FERC) initiated a show cause proceeding, directing grid operator PJM Interconnection, L.L.C. (PJM) and PJM’s transmission-owning...more

Womble Bond Dickinson

Powering the Digital Future: Navigating the Nuclear Option for Data Centers

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Modern data centers are the foundation of our information society and now use artificial intelligence to generate new forms of machine intelligence and learning – though at the cost of considerable energy consumption. Their...more

Troutman Pepper Locke

FERC Denies Great Basin Transmission’s Request for Transmission Rate Incentives

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On February 20, 2025, FERC denied Great Basin Transmission, LLC’s (“Great Basin”) request for two transmission incentives for Great Basin’s Southwest Intertie Project-North Transmission Line and associated upgrades to Great...more

Troutman Pepper Locke

FERC Announces Commissioner-led Technical Conference on Resource Adequacy in RTOs/ISOs

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On February 20, 2025, FERC Chairman Mark Christie announced an upcoming Commissioner-led technical conference on resource adequacy in Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) regions....more

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

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In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more

McGuireWoods LLP

FERC Approves Expansion of PJM’s Surplus Interconnection Service to Address Near-Term Resource Adequacy Concerns

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On Feb. 11, 2025, the Federal Energy Regulatory Commission (FERC) issued an order accepting PJM Interconnection’s proposed revisions to its Open Access Transmission Tariff (Tariff) regarding surplus interconnection service...more

Akin Gump Strauss Hauer & Feld LLP

Transco’s REAE Project: FERC Reinstates Certificate, Ensuring Continued Operation

On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order on remand (the Order) reinstating a certificate of public convenience and necessity for Transcontinental Gas Pipe Line...more

Hogan Lovells

The impact of Trump 2.0 on the Federal Energy Regulatory Commission: potential developments for generation, transmission, and data...

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When there is a change of Administration in Washington, the trade press often inquires about the anticipated changes at the Federal Energy Regulatory Commission (FERC), the primary federal regulator of the nation’s power...more

Perkins Coie

FERC Meeting Agenda Summaries for January 2025

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on January 16, at 10:00 a.m. ET. The summaries below are based on publicly...more

Troutman Pepper Locke

PSE&G to Pay $6.6 Million Penalty for Failing to Provide Full and Accurate Information to PJM

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On December 5, 2024, the Federal Energy Regulatory Commission (“FERC”) approved Public Service Electric and Gas Company’s settlement agreement (“PSE&G”) to pay a $6.6 million civil penalty to resolve an ongoing investigation...more

Troutman Pepper Locke

D.C. Circuit Upholds FERC Order Requiring Stingray to Restore Service Before Abandoning Damaged Pipeline

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On December 20, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s order authorizing Stingray Pipeline Company, L.L.C. (“Stingray”) to abandon a portion of its...more

Troutman Pepper Locke

High-Level Summary of FERC Order No. 1920-A on Transmission Planning and Cost Allocation

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On November 21, 2024, FERC issued Order No. 1920-A, which modified Order No. 1920 to expand the states’ roles in long-term transmission planning and clarified requirements for such planning as set forth in Order No. 1920....more

Troutman Pepper Locke

Federal Appeals Court Appears Skeptical of State’s Ability to Question Federal Transmission Planning Decisions

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On December 5, 2024, the U.S. Court of Appeals for the Third Circuit heard oral arguments in Transource Pennsylvania LLC v. Steven M. Defrank, et.al. The case presents the question of potential tension between FERC’s...more

Jones Day

Recent D.C. Circuit Decisions Urge FERC to Reconsider Its Analysis of Environmental Impacts for Natural Gas and LNG Projects

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In a series of recent orders, the D.C. Circuit has renewed its prodding of the Federal Energy Regulatory Commission ("Commission" or "FERC") to strengthen its environmental reviews of proposed pipeline projects. On July 30,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Overrules Northern Natural and Finds it Does Not Need to Identify Whether a Natural Gas Project’s Greenhouse Gas Emissions...

On November 27, 2024, in Venture Global, CP2 LNG, LLC,1 the Federal Energy Regulatory Commission’s (FERC or Commission) explicitly overruled precedent set in Northern Natural Gas Co., a 2021 decision in which FERC made an...more

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