News & Analysis as of

Federal Energy Regulatory Commission Infrastructure

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

Allen Matkins

Renewable Energy Update 8.19.24

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Analyst Wood Mackenzie expects the U.S. community solar sector to add 7.3 GW of new capacity by 2029, which would push the total cumulative installed community solar capacity to above 14 GW, according to a recent report...more

Cornerstone Research

U.S. Natural Gas Marketed Production Reaches Record Highs

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Ukraine War contributes to substantial increase in U.S. LNG exports to Europe. Washington—Annual marketed production of natural gas increased in the United States to a record high in 2022...more

K&L Gates LLP

FERC to Hold Commissioner-Led Technical Conference to Discuss Co-Location of Large-Load Customers With Generating Facilities

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On 2 August 2024, the Federal Energy Regulatory Commission (FERC) announced that it will convene a Commissioner-led technical conference in Docket No. AD24-11-000 to discuss emerging issues related to the co-location of large...more

Troutman Pepper

FERC Faults PJM for Failing to Execute Designated Entity Agreements, Establishes Hearing on Whether Remedial Actions Warranted

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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

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

Troutman Pepper

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

Holland & Knight LLP

Energy Chairman Manchin's Permitting Bill Moves Through Committee in Careful Balancing Act

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After two years of continuous behind-the-scenes work, Sen. Joe Manchin (I-W.Va), who chairs the U.S. Senate Committee on Energy and Natural Resources, joined by Sen. John Barrasso (R-Wyo.), released S. 4753, the Energy...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

Troutman Pepper

Court Vacates FERC “Soft” Cap Refund Order Issued After 2020 California Heat Wave

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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

Troutman Pepper

FERC Issues ANOPR on Dynamic Line Ratings

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On June 27, 2024, FERC issued an advance notice of proposed rulemaking (“ANOPR”) regarding potential reforms to require transmission providers to use dynamic line ratings (“DLRs”) to encourage more accurate and transparent...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - June 2024 #2

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Troutman Pepper

FERC Dismisses Lackawanna Complaint Against PJM Seeking “Stability Limit”-Related Lost Opportunity Costs

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On May 23, 2024, FERC issued an Order denying Lackawanna Energy Center LLC’s (“Lackawanna”) complaint against PJM Interconnection, L.L.C. (“PJM”) alleging that PJM failed to reimburse Lackawanna for lost opportunity costs...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Pillsbury Winthrop Shaw Pittman LLP

AI’s Power Play: Congress Calls for Smart Energy Solutions to Fuel AI Growth

The energy demands of artificial intelligence (AI) technologies are growing significantly, with the Department of Energy (DOE) forecasting a tenfold increase in data center energy demand due to the rise of AI applications and...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Troutman Pepper

High-Level Summary of FERC Order No. 1920 on Transmission Planning and Cost Allocation

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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

Bracewell LLP

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

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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

Mintz - Energy & Sustainability Viewpoints

FERC’s Landmark Transmission Order: Takeaways for Clean Energy and Energy Storage Companies

On May 13, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920,[1] its long-awaited Final Rule relating to long-term regional planning and regional cost allocation. This article...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

Perkins Coie

FERC Issues Historic Rules on Regional Transmission Planning, Cost Allocation, and Siting

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At a special meeting on May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued two eagerly awaited final rules regarding transmission reform. The first rule, Order No. 1920, mandates changes to the regional and...more

Troutman Pepper

FERC Accepts CAISO’s Request to Raise Soft Cap Offer

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On April 25, 2024, FERC approved the California Independent System Operator Corporation’s (“CAISO”) request to increase its capacity procurement mechanism (“CPM”) soft cap offer from $6.31/kW-month to $7.32, which will become...more

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