On September 12, 2024, FERC’s Chief Accountant issued a notice of proposed accounting release (“NOPAR”) to modify the transferability of income tax credits (“ITCs”) related to certain energy projects under the Inflation...more
9/17/2024
/ Energy Projects ,
FERC ,
Income Taxes ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Investment Tax Credits ,
IRS ,
Tax Credits ,
Tax Exemptions ,
Tax Planning ,
Tax Returns
On September 10 and 11, 2024, FERC staff held a two-day workshop at its headquarters in Washington, DC on opportunities to further refine the generator interconnection queue process. Panelists and FERC staff discussed...more
David Rosner and Lindsay See have been sworn in as FERC’s newest Commissioners on June 13 and 28, 2024, respectively. The FERC Open Meeting on June 27 marked Commissioner Rosner’s first Open Meeting and Commissioner Allison...more
On May 23, 2024, FERC issued an Order denying Lackawanna Energy Center LLC’s (“Lackawanna”) complaint against PJM Interconnection, L.L.C. (“PJM”) alleging that PJM failed to reimburse Lackawanna for lost opportunity costs...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 March 28, 2024, the Midcontinent Independent System Operator, Inc. (“MISO”) submitted a filing to the Federal Energy Regulatory Commission (“FERC”) proposing revisions to its Open Access Transmission, Energy and Operating...more
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 February 15, 2024, FERC approved two new extreme cold weather Reliability Standards EOP-011-4 (Emergency Operations) and TOP-002-5 (Operations Planning)....more
3/20/2024
/ Disaster Preparedness ,
Energy Market ,
FERC ,
Infrastructure ,
Natural Gas ,
NERC ,
Oil & Gas ,
Public Safety ,
Reliability Standards ,
Severe Weather ,
Transmission Grid
On December 19, 2023, the U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”), in Electric Power Supply Association; PJM Power Providers Group v. FERC, held that the former Chair of the Federal Energy Regulatory...more
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
On November 16, 2023, FERC granted Virginia Electric and Power Company d/b/a Dominion Energy Virginia’s (“Dominion”) petition requesting the Commission declare that Dominion’s planned liquefied natural gas (“LNG”) production,...more
11/27/2023
/ Electricity ,
Energy Market ,
Energy Projects ,
Energy Reform ,
Environmental Policies ,
FERC ,
Infrastructure ,
Liquid Natural Gas ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Renewable Fuel
On October 13, 2023, PJM Interconnection, L.L.C. (“PJM”) submitted two filings with FERC proposing revisions to its Open Access Transmission Tariff (“Tariff”) and its “Reliability Assurance Agreement” (“RAA”) designed to...more
11/17/2023
/ Electricity ,
Energy Market ,
Energy Projects ,
FERC ,
Infrastructure ,
PJM ,
Power Grid ,
Reliability Standards ,
Tariffs ,
Transmission Grid ,
Washington
On October 19, 2023, FERC issued a Notice of Proposed Rule Making (“NOPR”) proposing various changes to its Electric Quarterly Report (“EQR”) filing requirements. According to FERC, the proposed changes are designed to update...more
Recent rulemaking on cybersecurity by the FERC underscores the importance of managing grid stability and security. In this video, Troutman Pepper Associates Miles Kiger and Jennifer Panahi discuss FERC’s new rate incentives...more
On September 21, 2023, the Commission approved, in part, PJM Interconnection L.L.C.’s (“PJM”) proposed tariff revisions regarding the calculation of the Financial Transmission Right (“FTR”) credit requirement (“September...more
On September 6, 2023, the Commission addressed arguments raised on rehearing of its May 4 Order finding that Kimball Wind, LLC (“Kimball Wind”) was not entitled to reimbursement of funds paid to Western Area Power...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
The utility industry is rapidly adopting biomethane, also known as renewable natural gas or “RNG,” to supplement traditional natural gas as a fuel source for both electric generation and heating purposes. Previously, RNG...more
On July 7, 2023, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion rejecting petitioner Hecate Energy Green County 3 LLC’s (“Hecate”) claim that the New York Independent System...more
Introduction -
On June 29, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 898, a final rule that revises FERC’s Uniform System of Accounts (USofA) by adding functional detail concerning the...more
On June 15, 2023, FERC issued Order No. 895, adopting new regulations permitting regional transmission organizations (“RTO”) and independent system operators (“ISO”) to share, amongst each other, credit-related information of...more
On May 16, 2023, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion in Center for Biological Diversity v. Alaska Gasline Development Corporation, affirming FERC’s...more
Introduction -
On April 21, pursuant to FPA Section 219A(c), the Federal Energy Regulatory Commission (FERC or Commission) established rules, providing incentive-based rate treatment for utilities making certain voluntary...more
On February 21, 2023, FERC accepted PJM Interconnection, L.L.C.’s (“PJM”) proposed tariff revisions governing the Locational Deliverability Area Reliability Requirement (“LDA Reliability Requirement”) calculation, effective...more
On January 31, 2023, the Federal Energy Regulatory Commission (“Commission” or “FERC”) granted Great River Energy’s (“GRE”) requested incentive rate treatment for GRE’s investment in the Iron Range Project and Big Stone...more