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FERC Chief Accountant Proposes to Modify Transferability of Income Tax Credits

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

FERC Holds Workshop on Innovations & Efficiencies in Generator Interconnection Process, Seeks Comments

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 Sworn in as FERC Commissioners; Allison Clements’ Term Expires

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

7/9/2024  /  Electricity , Energy Sector , FERC , Oil & Gas

FERC Dismisses Lackawanna Complaint Against PJM Seeking “Stability Limit”-Related Lost Opportunity Costs

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

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

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

MISO Submits FERC Filing Seeking to Reform Resource Accreditation Requirements

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

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

FERC Approves Extreme Cold Weather Reliability Standards EOP-011-4 and TOP-002-5

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

Sixth Circuit Finds that FERC Overstepped its Authority on Voluntary Remand of PJM Reserve Market Design Changes

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

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

FERC Finds Dominion LNG Back-up Fuel Project Satisfies Hinshaw Exemption Under the NGA

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

PJM Files Capacity Market Overhaul for Resource Adequacy and Grid Reliability

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

FERC Proposes Changes to Filing Requirements and Data Collection for Electric Quarterly Report

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

New Opportunities for Boosting Grid Security [Video]

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

FERC Directs PJM to Use a Historical Simulation Model with a 99% Confidence Level for its FTR Credit Requirement

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

FERC Revisits Kimball Wind’s Entitlement to Reimbursement for WAPA Substation Expansion

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

9/14/2023  /  Energy Sector , FERC , Utilities Sector

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

The Next Phase of RNG Is Here, Now What?

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

D.C. Circuit Backs FERC in New York Cost Allocation Dispute, Giving FERC Broad Deference under the Rule of Reason

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

FERC Establishes Revised Accounting Rules to Address Renewables, Storage, and RECs

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

FERC Adopts Regulations to Permit Credit-Related Information Sharing

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

D.C. Circuit Upholds FERC’s NEPA Review of Alaskan LNG Project

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

FERC Issues Final Rule Establishing Incentive Rate Treatment for Eligible Cybersecurity Investments

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

FERC Accepts PJM Capacity Market Revisions to Locational Deliverability Area Reliability Requirement, Sparks Strong Dissent from...

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

3/21/2023  /  Energy Market , Energy Sector , FERC , Tariffs

FERC Commissioner Christie Renews Concerns Over Transmission Rate Incentives in MISO Transmission Expansion Plan Order

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

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