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Eighth Circuit Applies FERC’s Filed Rate Doctrine to Reject Allegations that SPP Breached an Oral Contract Made During Winter...

On August 5, 2024, the United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) denied Associated Electric Cooperative, Inc.’s (“AECI”) petition for review of a Federal Energy Regulatory Commission (“FERC”)...more

FERC Approves NERC’s CIP Reliability Standard on Cyber Security

On May 23, 2024, FERC approved the North American Electric Reliability Corporation’s (“NERC”) proposed Critical Infrastructure Protection (“CIP”) Reliability Standard, CIP-012-2 (Cyber Security – Communications between...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

FERC Proposes to Largely Eliminate Compensation for Reactive Power

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

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 Opens Inquiry into Upstream Investment Interests in Public Utilities

On December 19, 2023, FERC issued a Notice of Inquiry (“NOI”) to examine whether and how to revise its policy on providing blanket authorizations for holding companies, including investment companies, to acquire securities in...more

DOE Proposes to Limit NEPA Review for Transmission, Storage, and Solar

On November 16, 2023, the U.S. Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to update its National Environmental Policy Act (“NEPA”) implementing regulations to add a categorical exclusion for...more

FERC Finds Affiliation Between J.P. Morgan Investment and Mankato Companies

On September 21, 2023, the Commission found that J.P. Morgan Investment Management Inc. (“J.P. Morgan Investment”) is an affiliate of Mankato Energy Center, LLC and Mankato Energy Center II, LLC (“Mankato Companies”) through...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

FERC Reverses Course, Rejects SPP Byway Cost Allocation Proposal for Second Time

On July 13, 2023, FERC on rehearing set aside its prior order that had accepted Southwest Power Pool, Inc.’s (“SPP”) proposal to establish a case-by-case process to allocate, on a regional, postage-stamp basis, all of the...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 Approves SPP Proposal for Energy Storage to Be Considered Transmission-Only Assets

On May 26, 2023, the Commission accepted Southwest Power Pool, Inc.’s (“SPP”) proposed revisions to its Open Access Transmission Tariff (“Tariff”) to establish the “framework under which an electric storage resource may be...more

FERC Requires Disclosure of Privileged Material Regarding JP Morgan’s Relationship with Mankato

On May 11, 2023, FERC notified Mankato Energy Center, LLC and Mankato Energy Center II, LLC (“Mankato Companies”) that it will release certain privileged information included in the initial brief that Mankato Companies...more

FERC to Convene Forum on PJM Capacity Market

On April 19, 2023, FERC announced it would hold a forum to discuss the PJM Interconnection, L.L.C. (“PJM”) capacity market. The Commissioner-led forum is scheduled for Thursday, June 15, 2023. There will be three panels to...more

FERC Institutes Show Cause Proceeding on ComEd’s Formula Rate Protocols

On March 16, 2023, FERC found that Commonwealth Edison Company’s (“ComEd”) formula rate protocols under the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appear to be unjust and unreasonable and...more

FERC Approves Extreme Cold Weather Reliability Standards in Response to Winter Storm Uri

On February 16, 2023, FERC approved two new extreme cold weather Reliability Standards—EOP-011-3 (Emergency Operations) and EOP-012-1 (Extreme Cold Weather Preparedness and Operations)—filed by the North American Electric...more

FERC Sets NYPA Formula Rate Changes for Hearing, Including Proposed Template Utilizing “Massachusetts Method” for A&G Cost...

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

2/20/2023  /  Energy Projects , Energy Sector , FERC
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