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Federal Register Notice on November 26, 2024, Establishes Date for Compliance Filings for FERC Elimination of Generator...

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 904, finding on a generic basis that allowing transmission providers to charge customers for a generating facility’s provision of...more

Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting...

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of...more

Order No. 1920: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation - Landmark Order...

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule implementing transmission planning and cost allocation reforms intended to promote the more efficient and...more

Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR...

On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (FERC or Commission) are judicially...more

FERC Finalizes Interconnection Queue Reforms

On July 28, 2023, following up on its June 2022 Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”), the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its long-awaited rulemaking...more

Department of Energy Seeks Public Input on Implementation of $760 Million Transmission Siting Grant Program

On January 13, 2023, the Department of Energy (“DOE”) launched its Transmission Siting and Economic Development (“TSED”) Grants program, which will provide $760 million in investment authorized by the Inflation Reduction Act...more

FERC Proposes Reforms to Backstop Transmission Siting Authority, Implementing Changes Required by 2021 Bipartisan Infrastructure...

On Thursday, December 15, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing changes to FERC’s authority under section 216 of the Federal Power...more

Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds

On August 30, 2022, the Fifth Circuit issued an opinion condemning a far-reaching Texas law on electric transmission right-of-first-refusal (“ROFR”). The decision concerns a 2019 Texas law that restricted the ability to...more

FERC Proposes Overhaul of Interconnection Procedures

On June 16, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”) seeking comments on proposed reforms to FERC’s pro forma...more

FERC Issues Proposal To Overhaul Transmission Planning and Cost Allocation

On April 21, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a much-anticipated Notice of Proposed Rulemaking (“NOPR”) proposing changes to its transmission planning and cost allocation policies...more

FERC Endeavors to Encourage Transmission Development in Coordination With States

At the June 17, 2021 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a policy statement and an order reflecting its continued support for transmission project development and...more

FERC Staff Issues White Paper on Hybrid Resources; Seeks Industry Input

On May 26, 2021, Federal Energy Regulatory Commission (“FERC”) staff issued a white paper regarding the current status and use of hybrid resources – e.g., co-located generation and storage facilities – in wholesale markets,...more

FERC Reverses Broadview on Rehearing; Reinstates Focus on Output in Evaluating 80 MW Cap for QFs

On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC, 174 FERC ¶ 61,199 (2021)...more

FERC Directs RTOs and ISOs to File Reports on Hybrid Resources

On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order directing each Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) to submit information...more

FERC Seeks Industry Input on Financial Assurances for Hydro Projects

On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Inquiry (NOI) requesting industry input regarding the scope and necessity of potential financial assurances that it...more

FERC Adopts Expanded Definition of Cogeneration QFs to Include Certain Fuel Cell Systems

On December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) adopted a final rule (“Final Rule”) regarding the potential for certain fuel cell systems to attain qualifying facility (“QF”) status pursuant to...more

FERC Offers Limited Clarifications on its PURPA Reform Order

By a November 19, 2020 Order on Rehearing, the Federal Energy Regulatory Commission (“FERC” or “Commission”) clarified a discrete set of issues arising from its landmark July 2020 order (“Final Rule”) modifying the...more

FERC Proposes New Treatment of Fuel Cells Under PURPA

Comments for FERC’s Notice of Proposed Rulemaking on Fuel Cell Energy Output (“NOPR”) are due tomorrow, November 25, 2020. In the NOPR, FERC proposes to modify its regulations for qualifying facility (“QF”) status under the...more

FERC Proposes Policy Statement Encouraging RTOs/ISOs to Develop Rules Incorporating State Determined Carbon Prices

On October 15, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Proposed Policy Statement regarding carbon pricing in organized wholesale electricity markets. In short, the statement...more

FERC Redefines QF Eligibility Requirements

On September 1, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order breaking with decades of precedent regarding how it will determine whether a renewable resource is eligible for...more

FERC Staff Report on High Voltage Transmission Development to Congress

On Friday, August 7, 2020, Federal Energy Regulatory Commission (“FERC”) Staff sent a report to Congress examining the “barriers and opportunities for high voltage transmission.” FERC Staff prepared this report in accordance...more

8/19/2020  /  Electricity , Energy Sector , FERC

FERC Finalizes Reforms to PURPA Regulations

On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872, a final rule that the Commission explains is intended to implement its statutory mandate to update rules promulgated...more

Many Companies With More Than 500 Employees Could Qualify For Stimulus Loans

As the nation scrambles to take advantage of the $2 trillion stimulus benefits in the CARES Act, numerous sources have stated that only businesses with 500 or fewer employees are eligible to apply for loans under the Act’s...more

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