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Federal Energy Regulatory Commission Energy Projects Infrastructure

Lippes Mathias LLP

Federal Energy Regulatory Commission Imposes New Requirements on Transmission Line Siting Applicants Seeking Rights of Way on...

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal...more

Troutman Pepper

FERC Chief Accountant Proposes to Modify Transferability of Income Tax Credits

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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

Troutman Pepper

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

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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

K&L Gates LLP

Carbon Quarterly – Volume 9

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Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Troutman Pepper

D.C. Circuit Finds FERC Failed to Adequately Consider GHG Emissions of LNG Project

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On July 16, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found that FERC failed to adequately consider a liquefied natural gas (“LNG”) project’s greenhouse gas (“GHG”)...more

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D.C. Circuit Finds That Interconnection Customers are Responsible for Network Upgrade Costs

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On July 19, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an Order denying Tenaska Clear Creek Wind, LLC’s (“Clear Creek”) challenges to FERC’s orders allowing the...more

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Jones Day

U.S. Senators Release Long-Awaited Energy Permitting Reform Bill

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On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more

Holland & Knight LLP

FERC's Transmission Planning and Permitting Final Rules Are Out: Let's Start Building

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The Federal Energy Regulatory Commission (FERC) has issued Order No. 1920, which adopts specific requirements for transmission providers to conduct long-term planning for regional transmission facilities and determine how to...more

Troutman Pepper

Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

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On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more

Troutman Pepper

MISO Submits FERC Filing Seeking to Reform Resource Accreditation Requirements

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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

FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

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On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more

Foley Hoag LLP - Energy & Climate Counsel

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission...more

K&L Gates LLP

FERC Interconnection Reform is Full Steam Ahead

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On 21 March 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023-A, rehearing and clarifying its landmark generator interconnection reform final rule. Order No. 2023-A largely upheld the...more

Foley Hoag LLP - Energy & Climate Counsel

More Federal-State Collaboration at FERC: The Commission Establishes the Federal and State Current Issues Collaborative

At FERC’s March 2024 Open Meeting, the Commissioners announced a new cooperative effort between FERC and the states: the Federal and State Current Issues Collaborative (“Current Issues Collaborative”)....more

Troutman Pepper

FERC Establishes New Policy to Reject Hydropower Preliminary Permit Applications Based on Tribal Opposition to Projects Located on...

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At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f) of the Federal Power Act (“FPA”), pursuant to...more

Troutman Pepper

FERC Grants Certificate to Transco’s Texas to Louisiana Energy Pathway Project

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On January 18, 2024, FERC granted a certificate of public convenience and necessity to Transcontinental Gas Pipe Line Company, LLC (“Transco”) to construct and operate the Texas to Louisiana Energy Pathway Project (“Texas to...more

Foley Hoag LLP - Energy & Climate Counsel

Unpacking Recent FERC Orders on Transmission Rate Incentives: A Download for Developers

Recently, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) has issued two Orders regarding transmission projects’ requests for transmission rate incentives. The pair of rulings, each of which includes a...more

Vinson & Elkins LLP

Four Key Predictions for FERC’s 2024 Electricity Agenda

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Over the past few years, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the Department of Energy (“DOE”) have proposed many rules to support the Biden Administration’s push to build transmission...more

Troutman Pepper

D.C. Circuit Upholds PJM Tariff Changes to Planning of Asset Management and End of Life Projects

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On November 17, 2023, the U.S. Court of Appeals of the District of Columbia Circuit (“D.C. Circuit”) denied petitions challenging FERC’s approval of recent changes to the PJM Interconnection, L.L.C.’s (“PJM”) Open Access...more

Troutman Pepper

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

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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

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PJM Files Capacity Market Overhaul for Resource Adequacy and Grid Reliability

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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

Troutman Pepper

FERC Accepts ISO-NE’s Proposal to Treat Electric Storage Facilities as Transmission-Only Assets

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On October 19, 2023, FERC accepted ISO New England Inc.’s (“ISO-NE”) proposal to allow electric storage facilities to be planned and operated as transmission-only assets (“SATOAs”) to address system needs identified in the...more

K&L Gates LLP

Order No. 2023: Interconnection Reform is Finally Here

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On 28 July 2023, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023, implementing reforms to its generator interconnection agreements and procedures aimed at alleviating the backlog of generation and...more

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Troutman Pepper Summary of FERC Order No. 2023 on Generator Interconnection Reform

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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

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