Tag Archives: FERC

On February 24, 2023, the U.S. Department of Energy (DOE) released for public comment a draft of its National Transmission Needs Study (“Needs Study”), which endorses boosting overall transmission capacity—and transmission between grid regions in particular. The final Needs Study, expected this summer, could have significant implications for federal transmission planning and permitting, including by informing the potential designation of National Interest Electric Transmission Corridors.… More

On December 15, 2022, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking in which the Commission proposes to implement its newly clarified authority under the 2021 Infrastructure Investment and Jobs Act (“IIJA”) to issue permits if a state denies an applicant’s request to site transmission facilities in a designated National Interest Electric Transmission Corridor (“National Corridor”).

Such change has potential—in certain cases—to tilt the balance of transmission permitting authority toward FERC and away from the states (where such authority traditionally has been held),… More

Late last week, the Federal Energy Regulatory Commission granted the NYISO’s mid-November extension request to move the implementation date of certain tariff revisions that will allow distributed energy resources (“DERs”) and DER Aggregations to fully participate in the NYISO’s markets from Q4 2022 to December 31, 2026.  The NYISO’s Order 2222 compliance saga has been an ongoing series of NYISO filings and corresponding FERC orders, resulting in the bifurcation and staggered implementation of the NYISO’s proposed market design.… More

Federal Energy Regulatory Commission (FERC)-watchers have their eyes squarely on recent reports that Senator Joe Manchin, Chair of the Senate Energy and Natural Resources Committee, won’t schedule a hearing on Chairman Richard Glick’s re-appointment this year, meaning that Glick will leave FERC when his term expires in January 2023.  Glick has led FERC in pressing reforms to modernize the country’s transmission system and help bring more renewable and energy storage resources online. … More

The long saga of how small-scale, “distributed” energy resources like energy storage, solar, energy efficiency assets and even electric vehicle charging equipment can participate in the New York State wholesale energy markets, if they “aggregate” their resources and bid together, has now landed in federal court. On October 4, 2022, the New York Independent System Operator, Inc. (“NYISO”) filed a petition in DC Circuit Court of Appeals seeking review of a Federal Energy Regulatory Commission (“FERC”) order pertaining to the NYISO’s compliance with FERC Order 2222. … More

In order to pass the Inflation Reduction Act (“Act”) last month, a deal was struck with Sen. Joe Manchin (D-WV) to create separate legislation to reform federal energy project permitting.  Now that the Act has been signed into law, Senate Democrats are making good on their promise but, as might be expected, not all parties are supportive.

The reforms (and funding necessary to effectuate them) are proposed to be included as part of a Continuing Resolution that must be passed to prevent a government shutdown beginning October 1.  … More

Electric transmission planning processes have not been able to keep pace with demand for interconnection service, leaving over 1,000 gigawatts (GW) of generation and 400 GW of storage stranded in the nation’s interconnection queues. In response to the backlog, PJM Interconnection LLC—the nation’s largest RTO by load served—recently imposed a two-year pause on new interconnection requests and asked the Federal Energy Regulatory Commission (FERC) to consider reforms to its interconnection process.… More

On Friday, May 27, 2022, the Federal Energy Regulatory Commission (FERC) issued an order approving ISO-New England’s proposed tariff revisions, which phase out the ISO’s minimum offer price rule (MOPR) by 2024. The tariff revisions institute an interim Transition Mechanism to organize ISO-New England’s 2022 and 2023 capacity auctions, which will together allow 700 megawatts (MW) of state-sponsored renewable resources to participate without application of the MOPR.… More

In an effort to “redress inequities in [Federal] policies and programs that serve as barriers to equal opportunity,” the Biden administration has set forth an agenda to identify areas of improvement and advance equity across the Federal Government. On January 20, President Biden issued Executive Order 13985 which requires agencies to produce “Equity Action Plans” that are agency sponsored reports to assess whether underserved communities face systemic barriers in accessing benefits and opportunities available based on an agency’s policies and programs.… More

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects.

The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline that would pass through New Jersey and Pennsylvania. PennEast invoked the federal government’s eminent domain power under the Natural Gas Act to claim easements over New Jersey-owned lands.… More