On June 13, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order (the Show Cause Order) requiring PJM Interconnection, L.L.C. (PJM), Midcontinent Independent System Operator Inc. (MISO),...more
Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more
On July 9, 2024, the U.S. Court of the Appeals for the D.C. Circuit held that the Federal Energy Regulatory Commission (FERC or the Commission) erred in ordering refunds for certain bilateral spot market transactions in the...more
On Wednesday, July 24, 2024, the U.S. House of Representative Committee on Energy and Commerce held a Subcommittee on Energy, Climate, and Grid Security hearing to review the Federal Energy Regulatory Commission (FERC or...more
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., which for 40 years required court deference to reasonable agency...more
7/10/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
On Thursday, March 21, 2024, the U.S. Senate Committee on Energy and Natural Resources held a full committee hearing to question President Biden’s three nominees to serve as Federal Energy Regulatory Commission (FERC or...more
On March 21, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued its Compensation for Reactive Power Within the Standard Power Factor Range Notice of Proposed Rulemaking, which proposes to prohibit...more
On February 29, 2024, President Joe Biden nominated three individuals to the Federal Energy Regulatory Commission (FERC or the Commission): Judy W. Chang (Democrat), David Rosner (Democrat) and Lindsay S. See (Republican). As...more
On February 9, 2024, it was reported that Commissioner Allison Clements will not seek a second term on the Federal Energy Regulatory Commission (FERC or Commission) following the expiration of her first term in June of this...more
On Tuesday, February 13, 2024, in Bohan v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) for the second time affirmed a lower court’s finding that property owners could not bring a...more
On October 19, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) proposed changes to the method of collection and data being collected in its Electric Quarterly Reports (EQRs).1 Specifically, FERC...more
On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more
On October 25, 2023, the Federal Energy Regulatory Commission (FERC) issued an order1 that extended the deadline for electric transmission providers to comply with its Order No. 2023, “Improvements to Generator...more
On September 21, 2023, during the Federal Energy Regulatory Commission’s (FERC) September open meeting, Acting FERC Chairman Willie Phillips committed to scheduling a vote on pending rehearing petitions related to two...more
On September 6, 2023, the Federal Energy Regulatory Commission’s (FERC or the “Commission”) Order No. 2023, “Improvements to Generator Interconnection Procedures and Agreements” (the “Final Rule”), was published in the...more
On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more
8/18/2023
/ Clean Energy ,
Comment Period ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Reform ,
Environmental Impact Statements ,
Environmental Policies ,
Environmental Review ,
Infrastructure ,
NEPA ,
Notice of Proposed Rulemaking (NOPR) ,
Permits ,
Proposed Regulation ,
Regulatory Agenda ,
Transmission Lines
The Federal Energy Regulatory Commission (FERC or the “Commission”) recently issued Order Nos. 896 and 897 (collectively, the “Reliability Orders”), which are two final rules designed to bolster electric grid reliability...more
On July 3, the Federal Energy Regulatory Commission issued an order confirming more aggressive scrutiny of investors' exercise of control over public utilities through representation on their boards or the boards of companies...more
In Fore River Residents Against the Compressor Station v. FERC,
decided on July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ended long-running litigation over the Federal Energy Regulatory...more
On July 3, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order confirming a more aggressive posture towards scrutinizing the ability of investors to exercise control over public utilities...more
Effective July 1, 2023, oil and liquids pipelines regulated by the Federal Energy Regulatory Commission (FERC) and charging so-called “index” rates will be able to increase their rates by over 13 percent. FERC announced this...more
For the fourth straight meeting of the Federal Energy Regulatory Commission (FERC) and the fourth since Willie L. Phillips was appointed its acting Chair, an order aimed at improving the reliability of the nation’s electric...more
On March 6, 2023, the California Independent System Operator Corp. (“CAISO”) released an Issue Paper and Straw Proposal outlining proposed modifications to its interconnection procedures in light of the significant volume of...more
On February 16, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order approving two new extreme cold weather reliability standards for generation resources proposed by the North American...more
On January 19, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule directing the North American Electric Reliability Corporation (NERC) to file for FERC review new or modified...more