On August 20, 2024, the Federal Energy Regulatory Commission (“FERC”) issued an order rejecting, without prejudice, a contested proposal from Basin Electric Power Cooperative (“Basin”) to establish special wholesale power...more
On July 25, 2024, FERC issued an order granting in part and denying in part a complaint raised by American Municipal Power, Inc., the People’s Counsel for the District of Columbia, and the PJM Industrial Customer Coalition...more
On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated orders issued by the FERC that required six wholesale power sellers (the “Sellers”) to issue refunds to...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 21, 2024, FERC proposed to prohibit transmission providers from being compensated through their transmission rates charges for reactive power that is within the standard power factor range from generating facilities....more
4/8/2024
/ Comment Period ,
Energy Policy ,
FERC ,
Interconnections ,
Large Generators ,
Natural Gas ,
Notice of Inquiry ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Small Generators ,
Transmission Grid ,
Utility Rates
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 December 12, 2023, FERC staff offered information and recommendations to help registered entities (i.e., users, owners, and operators of the bulk electric system) improve their compliance with mandatory Critical...more
12/29/2023
/ Audits ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Electricity ,
Energy Market ,
Energy Projects ,
FERC ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
NERC ,
Renewable Energy ,
Risk Management
On October 20, 2023, the U.S. Department of Energy (“DOE”) released the National Transmission Needs Study, a triennial report that assesses electric transmission capacity constraints and congestion on a national scale. While...more
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
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 issued separate orders on show cause proceedings finding that the existing tariffs of the California Independent System Operator Corporation (“CAISO”), ISO New England Inc. (“ISO-NE”),...more
9/29/2023
/ CAISO ,
FERC ,
Financial Contracts ,
Infrastructure ,
ISO-NE ,
ISO/RTO ,
Market Participants ,
NYISO ,
Risk Management ,
Tariffs ,
Transmission Grid
On August 10, 2023 in response to incentives made available through the Bipartisan Infrastructure Law and the Inflation Reduction Act, the U.S. Department of Energy (“DOE”) proposed reforms to its regulations governing the...more
On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more
7/31/2023
/ Administrative Procedure Act ,
Article III ,
Bureau of Land Management ,
Energy Projects ,
FERC ,
Forest Service ,
Forestry ,
Mineral Leasing Act ,
Mountain Valley Pipeline LLC Applicant v The Wilderness Society et al ,
Natural Gas ,
Pipelines ,
Right of Way ,
SCOTUS ,
Separation of Powers ,
Standing ,
Stays ,
Vacated
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 2, 2023, FERC accepted in part and rejected in part Public Service Company of Colorado’s (“PSCo”) proposed revisions to its Large Generator Interconnection Procedures (“LGIP”) and Large Generator Interconnection...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 January 23, 2023, FERC set New York Power Authority’s (“NYPA”) proposed revisions to its Formula Rate Template for hearing, including changing NYPA’s allocation methodology for administrative and general (“A&G”) costs to a...more
On October 20, 2022, the Federal Energy Regulatory Commission (the “Commission”) issued an order addressing Oklahoma Gas and Electric Company, GridLiance High Plans LLC, and the Indicated SPP Transmission Owners’ (consisting...more
Introduction On September 22, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking to establish rules providing incentive-based rate treatment for utilities making certain...more
On July 15, 2022, a FERC Administrative Law Judge (“Presiding Judge”) issued an initial decision in a proceeding involving the “threshold” issue of whether four solar generating facilities (collectively, “Facilities”)...more
On May 31, 2022, FERC accepted and set for hearing Southwest Power Pool, Inc.’s (“SPP”) proposal to revise its Open Access Transmission Tariff (“OATT”) to establish a formula rate template (“Formula Rate”) on behalf of...more
On April 29, 2022, the FERC rejected Midcontinent Independent System Operator Inc.’s (“MISO”) proposed tariff revisions that sought to “extend” MISO Transmission Owners’ option to self-fund transmission upgrades so as to...more
On April 21, the Federal Energy Regulatory Commission (FERC or Commission) released its Notice of Proposed Rulemaking (NOPR) to reform its policies regarding Regional Transmission Planning and Cost Allocation. The NOPR...more
On April 5, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) approved PJM Interconnection, L.L.C.’s (“PJM”) proposed revisions to the Consolidated Transmission Owners Agreement (“CTOA”) aimed at...more
On December 28, 2021, the Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded a series of FERC orders that allowed for the formula rate pass-through of “indirect” public relations and...more