Tag Archives: FERC

Facing more than 2,000 gigawatts of energy generation and storage waiting in transmission system interconnection queues, the Federal Energy Regulatory Commission (FERC) has voted to adopt a final rule, Order No. 2023, to revise its pro forma generator interconnection procedures to speed up the nation’s interconnection processes. The final rule is aimed at increasing queue efficiency and alleviating the current five-year average wait time for projects to connect to the grid.… More

On July 3, 2023, the Federal Energy Regulatory Commission (“FERC”) issued an order addressing issues raised on rehearing in response to one of two October 2022 orders that set the stage for small minority investors to be considered affiliates of a public utility for market-based rate and Federal Power Act (“FPA”) section 203 approval purposes whenever someone accountable to them is appointed to a public utility or utility holding company board of directors. … More

Last week the federal Energy Regulatory Commission (“FERC”) hosted a bevvy of New England state regulators and energy industry stakeholders to discuss potential solutions to electricity and natural gas-related challenges facing New England.  One question loomed large throughout the day-long forum:  Should the Everett Marine Terminal, a liquefied natural gas (“LNG”) facility, stay in operation after the principal contract supporting it expires, and if so, who should fund it? … More

On May 9, 2023, the U.S. Department of Energy (DOE) issued a notice of intent to establish a process for designating “route-specific” National Interest Electric Transmission Corridors (commonly referred to as “NIETCs,” pronounced \NIT-sees\)—setting in motion an anticipated shift in the balance of transmission permitting authority between the federal and state governments.

As we’ve previously noted, DOE has statutory authority to designate transmission-constrained or congested geographic areas,… More

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