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FERC Holds Technical Conference on Large Loads Co-Locating at Generating Facilities

On November 1, 2024, FERC Commissioners led a technical conference at their headquarters in Washington, DC, on issues pertaining to co-locating large loads at generating facilities. FERC Commissioners asked questions of...more

FERC Dismisses Challenges Related to Market-to-Market Coordination over Data Center-Constrained Flowgate

On September 10, 2024, FERC issued an Order denying two complaints. The first complaint was filed on January 23, 2023 by Montana-Dakota Utilities Company (“MDU”) against Midcontinent Independent System Operator, Inc....more

D.C. Circuit Finds That Interconnection Customers are Responsible for Network Upgrade Costs

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

FERC Staff Issues Winter Reliability Assessment Report

On November 16, 2023, FERC staff issued the 2023-2024 Winter Energy Market and Electric Reliability Assessment report, projecting trends and identifying considerations for energy markets and electric reliability for the...more

FERC Approves CAISO Revisions to Wheeling Through Priority Tariff Provisions, Amending ATC Calculations to Account for...

On October 30, 2023, FERC accepted the California Independent System Operator Corporation’s (“CAISO”) revisions to its wheeling tariff provisions. The revised provisions allow external load serving entities to obtain, in...more

FERC Proposes Changes to Filing Requirements and Data Collection for Electric Quarterly Report

On October 19, 2023, FERC issued a Notice of Proposed Rule Making (“NOPR”) proposing various changes to its Electric Quarterly Report (“EQR”) filing requirements. According to FERC, the proposed changes are designed to update...more

FERC Commissioners Answer to Senate Committee on Fleet Transformation and Other Pressing Issues

On May 4, 2023, the Senate Energy and Natural Resources Committee hosted all four FERC Commissioners for an oversight hearing to focus on reliability in the face of (1) cyber-attacks, (2) coal and natural gas plant...more

FERC Confirms that Orders Under Sections 210 and 211 of the Federal Power Act Would Not Generally Confer “Public Utility”...

On March 16, 2023, FERC granted a petition declaring that, should it issue orders pursuant to Sections 210 and 211 of the Federal Power Act (“FPA”), which would be required for a prospective project to interconnect Puerto...more

FERC Partially Accepts ISO-NE Order No. 2222 Compliance Filing, but Expresses Concern that Proposal Could Create Undue Barrier to...

On March 1, 2023, FERC partially approved ISO New England’s (“ISO-NE”) proposed tariff revisions in compliance with Order No. 2222, which removed barriers to the participation of distributed energy resource (“DER”)...more

FERC Approves Regional Resource Adequacy Program in the Western Interconnection

On February 10, 2023, FERC approved the Western Resource Adequacy Program (“WRAP”) proposed by the Western Power Pool (“WPP”). The voluntary program commits participants to demonstrate prior to a given Winter or Summer season...more

FERC Issues Proposals Regarding Inverter-Based Resources to Improve Grid Reliability

On November 17, 2022, FERC issued three orders intended to address the reliability impacts of the rapid integration of inverter-based resources (“IBRs”), including solar, wind, fuel cell, and battery storage resources, on the...more

11/28/2022  /  Electricity , Energy Sector , FERC , NERC , Power Grid

5th Circuit Holds that Texas Law Permitting Blocking of Competitive Transmission Owners from Building New Lines Violates the...

On August 30, 2022, the U.S. Court of Appeals for the Fifth Circuit issued an order in NextEra Energy Capital Holdings, Inc. v. Lake, a case raising dormant Commerce Clause challenges to a 2019 Texas law that bans new...more

FERC Issues Supplemental Notice on Technical Conference on Financial Assurances

On February 22, 2022, FERC issued a Supplemental Notice regarding its planned Technical Conference on its Notice of Inquiry on Financial Assurance Measures for licenses, scheduled to take place on Tuesday, April 26 at...more

NERC Issues Report on Lessons Learned from Utilities Response to the COVID-19 Pandemic

On Monday, October 25, 2021, the North American Electric Reliability Corporation (“NERC”) released a report regarding the lessons learned from the electric industry’s response to the novel coronavirus (“COVID-19”) pandemic....more

FERC Issues Policy Statement on Carbon Pricing in Organized Wholesale Electric Markets

On April 15, 2021, FERC issued a long-awaited policy statement providing guidance on incorporating state-determined carbon pricing into organized markets operated by Regional Transmission Organizations (“RTOs”) and...more

FERC Sustains PJM and ISO-NE Immediate Need Reliability Project Exemption Orders

On September 29, 2020, in response to a request for rehearing, FERC issued an order modifying the discussion in, while sustaining the result of, a prior order finding that PJM Interconnection, L.L.C. (“PJM”) was not in...more

FERC Opens Door for Participation of Distributed Energy Resource Aggregations in Wholesale Electric Markets

On September 17, 2020, FERC issued a final rule (“Order No. 2222”) amending its regulations to require Regional Transmission Organizations and Independent System Operators (“RTO/ISO”) to revise their tariffs to facilitate the...more

FERC Issues Second Notice of Technical Conference on Carbon Pricing in Organized Wholesale Electric Markets

On August 28, 2020, FERC issued a supplemental Notice of a Commission-led Technical Conference on state pricing for carbon dioxide emissions, commonly referred to as carbon pricing, in FERC-jurisdictional wholesale electric...more

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