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This Week’s Climate Policy Update - May 2024 #3

Good afternoon! 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

U.S. Senate Conducts Hearing to Consider FERC Commissioner Nominations

On Thursday, March 21, 2024, the U.S. Senate Committee on Energy and Natural Resources held a full committee hearing to question President Biden’s three nominees to serve as Federal Energy Regulatory Commission (FERC or...more

3/28/2024  /  FERC , Natural Gas , Nominations

FERC Proposes to Eliminate Reactive Power Compensation for Generation Resources

On March 21, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued its Compensation for Reactive Power Within the Standard Power Factor Range Notice of Proposed Rulemaking, which proposes to prohibit...more

President Biden Nominates Bipartisan Trio to FERC

On February 29, 2024, President Joe Biden nominated three individuals to the Federal Energy Regulatory Commission (FERC or the Commission): Judy W. Chang (Democrat), David Rosner (Democrat) and Lindsay S. See (Republican). As...more

3/4/2024  /  FERC , Joe Biden , Nominations

Commissioner Clements’ Pending Departure Casts Uncertainty Over FERC

On February 9, 2024, it was reported that Commissioner Allison Clements will not seek a second term on the Federal Energy Regulatory Commission (FERC or Commission) following the expiration of her first term in June of this...more

DC Circuit Reaffirms Jurisdictional Lines in Natural Gas Act

On Tuesday, February 13, 2024, in Bohan v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) for the second time affirmed a lower court’s finding that property owners could not bring a...more

Implications of US Department of Energy Decision to ‘Pause’ Authorizations of Liquefied Natural Gas Exports May Extend Beyond...

On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United States has not entered into...more

Regulatory, Political and Policy Issues Trends in Oil & Gas Series: Part 5 of 5

2023 saw two megadeals in the oil & gas industry that have led to calls from environmental interest groups for the FTC to intervene despite a lack of obvious antitrust issues. Whether the FTC will sue to block the deals...more

Trends in Oil & Gas: 2023 and the Year Ahead

The past 12 months have been some of the trickiest to navigate for oil & gas companies in recent memory. Despite high energy prices and record cashflows, there is still uncertainty about what future paths to growth might look...more

FERC Proposes to Streamline EQR Data Collection and Filing Process

On October 19, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) proposed changes to the method of collection and data being collected in its Electric Quarterly Reports (EQRs).1 Specifically, FERC...more

FERC Requires Enhanced NERC Reliability Standards to Support Clean Energy Transition

On October 19, 2023, the Federal Energy Regulatory Commission (FERC) directed the North American Electric Reliability Corporation (NERC) to submit new or modified Reliability Standards that address the impacts of...more

Trailblazer Pipeline Company LLC One Step Closer to Transporting Carbon Dioxide Following FERC Order

On October 23, 2023, the Federal Energy Regulatory Commission (FERC) issued an order that will permit Trailblazer Pipeline Company LLC (Trailblazer) to convert its approximately 400-mile-long natural gas pipeline system to...more

FERC Reups Support for LNG Export Terminals Immediately Prior to Losing Jurisdiction

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more

FERC Extends Order No. 2023 Interconnection Process Reform Compliance Deadlines

On October 25, 2023, the Federal Energy Regulatory Commission (FERC) issued an order1 that extended the deadline for electric transmission providers to comply with its Order No. 2023, “Improvements to Generator...more

LNG Export Terminal Decisions Forthcoming Following FERC Open Meeting

On September 21, 2023, during the Federal Energy Regulatory Commission’s (FERC) September open meeting, Acting FERC Chairman Willie Phillips committed to scheduling a vote on pending rehearing petitions related to two...more

FERC Order No. 2023 on Generator Interconnection Reforms Published in Federal Register, Setting Effective Date and Current...

On September 6, 2023, the Federal Energy Regulatory Commission’s (FERC or the “Commission”) Order No. 2023, “Improvements to Generator Interconnection Procedures and Agreements” (the “Final Rule”), was published in the...more

FERC Acts to Bolster Electric Grid Reliability During Extreme Weather Events

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently issued Order Nos. 896 and 897 (collectively, the “Reliability Orders”), which are two final rules designed to bolster electric grid reliability...more

DC Circuit Upholds FERC Orders on Weymouth Compressor Station

In Fore River Residents Against the Compressor Station v. FERC, decided on July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ended long-running litigation over the Federal Energy Regulatory...more

FERC Doubles Down on Scrutiny of Investor Ties with Public Utilities

On July 3, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order confirming a more aggressive posture towards scrutinizing the ability of investors to exercise control over public utilities...more

FERC Permits Oil and Liquid Pipelines to Increase Index Rates by over 13%

Effective July 1, 2023, oil and liquids pipelines regulated by the Federal Energy Regulatory Commission (FERC) and charging so-called “index” rates will be able to increase their rates by over 13 percent. FERC announced this...more

Summary of Senate Energy and Natural Resources Committee Hearing on FERC Oversight

On May 4, the Senate Energy and Natural Resources Committee held a hearing titled “Hearing to Conduct Oversight of the Federal Energy Regulatory Commission.” This alert provides a high-level summary of the discussion....more

Environmental Justice Community Impacts Take Center Stage at FERC

Energy industry watchers are waiting to see whether environmental or industry groups will appeal a pair of decisions issued by the Federal Energy Regulatory Commission (FERC) on April 21, 2023, that addressed the impacts of...more

FERC Again Aims to Enhance Grid Reliability With Order Approving Incentive Rate Treatment for Cybersecurity Investments

For the fourth straight meeting of the Federal Energy Regulatory Commission (FERC) and the fourth since Willie L. Phillips was appointed its acting Chair, an order aimed at improving the reliability of the nation’s electric...more

Biden Administration Directs Submittal of Agency Action Plans by April 5, 2023 to Improve Infrastructure Permitting Transparency

Overview - On March 6, 2023, the Office of Management and Budget (OMB), the Council on Environmental Quality (CEQ) and the Federal Permitting Improvement Steering Council (FPISC) Executive Director released a Memorandum...more

FERC Directs NERC to Further Enhance Extreme Cold Weather Reliability Standards for Generation Resources

On February 16, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order approving two new extreme cold weather reliability standards for generation resources proposed by the North American...more

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