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FERC Directs NERC to Develop Reliability Standards for Inverter Based Resources

On October 19, 2023, FERC issued a final rule directing the North American Reliability Corporation (“NERC”) to develop or modify reliability standards to address reliability concerns attributable to inverter-based resources...more

Distributed Generation 2.0: What You Need to Know [Video]

As expanded opportunities such as tax incentives continue to impact the landscape, it is important to understand the fundamentals – such as the players, their roles, and their relative risk profiles. In this video, Troutman...more

Troutman Pepper Summary of FERC Order No. 2023 on Generator Interconnection Reform

On July 28, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023 (Order No. 2023 or Final Rule), which updates the procedures for interconnecting large generating facilities (20MW and above)...more

FERC Approves Extending Risk Management Practices to Low-Impact Cyber Systems

On March 16, 2023, FERC approved a new cybersecurity reliability standard, CIP-003-9 (along with associated violation risk factors and violation security levels), proposed by the North American Electric Reliability...more

FERC Accepts PJM Capacity Market Revisions to Locational Deliverability Area Reliability Requirement, Sparks Strong Dissent from...

On February 21, 2023, FERC accepted PJM Interconnection, L.L.C.’s (“PJM”) proposed tariff revisions governing the Locational Deliverability Area Reliability Requirement (“LDA Reliability Requirement”) calculation, effective...more

3/21/2023  /  Energy Market , Energy Sector , FERC , Tariffs

FERC Approves Extreme Cold Weather Reliability Standards in Response to Winter Storm Uri

On February 16, 2023, FERC approved two new extreme cold weather Reliability Standards—EOP-011-3 (Emergency Operations) and EOP-012-1 (Extreme Cold Weather Preparedness and Operations)—filed by the North American Electric...more

FERC Allows MISO Transmission Owners to Retroactively Terminate Reactive Power Compensation Back to December 2022

On January 27, 2023, FERC approved the Midcontinent Independent System Operator, Inc. (“MISO”) Transmission Owners’ (“TOs”) proposal to terminate reactive power charges and compensation under MISO’s Open Access Transmission,...more

2/22/2023  /  Energy Sector , FERC , MISO , Transmission Grid

On Rehearing, FERC Upholds Jurisdiction over AECI Emergency Energy Transactions in SPP Market During Winter Storm Uri

On January 19, 2023, FERC issued an order upholding its decision to exercise primary jurisdiction over emergency energy sales between Southwest Power Pool, Inc. (“SPP”) and Associated Electric Cooperative, Inc. (“AECI”)...more

FERC Accepts Arizona Public Service Company’s Proposal to Adopt Flowgate ATC Methodology and Denies Its Request to Waive TTC...

On December 15, 2022, FERC issued an order accepting Arizona Public Service Company’s (“APS”) revisions to its Open Access Transmission Tariff (“Tariff”) that would allow APS to begin using the Flowgate Methodology for...more

FERC Denies Complaint Requesting Broadly-Applicable MOPR in NYISO

On September 22, 2022, FERC denied a complaint filed on October 14, 2020 by Cricket Valley Energy Center LLC and Empire Generating Company, LLC. Complainants alleged that the New York Independent System Operator, Inc.’s...more

Commissioner Danly Issues Statement Objecting to FERC Brief Defending MOPR in Third Circuit Appeal Proceedings; Third Circuit...

On August 26, 2022, Commissioner James Danly issued a statement in the FERC docket addressing PJM Interconnection, L.L.C.’s (“PJM”) replacement, focused Minimum Offer Price Rule (“Focused MOPR”). Commissioner Danly argued...more

FERC Approves MISO Seasonal Resource Adequacy Requirements but Rejects Minimum Capacity Obligation

On August 31, 2022, FERC issued two orders regarding two proposals to revise the Midcontinent Independent System Operator’s (“MISO”) resource adequacy requirements. In the first order, FERC accepted MISO’s proposal to move to...more

9/22/2022  /  Energy Market , Energy Sector , FERC

FERC Issues Show Cause Order and NOPR on Credit Risk

On July 28, 2022, FERC issued a show cause order indicating that several regional transmission organization (“RTO”) and independent system operator (“ISO”) tariffs appear to be unjust and unreasonable because they lack...more

FERC Upholds PJM Reserve Market Changes, Clarifies Chairman’s Role to Oversee Major Litigation Decisions

On July 28, 2022, FERC upheld changes to PJM Interconnection, L.L.C.’s (“PJM”) Reserve Market that it first required in a December 2021 order on voluntary remand from the U.S. Court of Appeals for the District of Columbia...more

8/8/2022  /  Energy Market , Energy Sector , FERC , ISO/RTO

FERC Proposes Revised Accounting Rules to Address Renewables

On July 28, 2022, FERC proposed changes to its Uniform System of Accounts (“USofA”) in response to the growth of non-hydro renewable generation such as wind, solar, and storage and codify accounting for renewable energy...more

D.C. Circuit Allows Natural Gas Pipeline Certificate to Stand, Accepting Export Precedent Agreements as Probative of Need

On July 8, 2022, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its decision in City of Oberlin, Ohio v. FERC, a proceeding involving the issue of whether FERC properly granted...more

Generation Project Developers Agree to Pay Civil Penalties, Disgorge Profits, after FERC Enforcement Investigations

On June 24th and 27th, 2022 FERC approved two stipulations and consent agreements between FERC’s Office of Enforcement (“Enforcement”) and two separate project developers. First, sPower Development Company, LLC (“sPower...more

7/13/2022  /  Energy Sector , FERC , Investigations , Tariffs

Summary of FERC Interconnection NOPR

On June 16, FERC issued a Notice of Proposed Rulemaking (NOPR) focused on updating procedures for interconnecting large generating facilities (20MW and above) and small generating facilities (under 20MW). The NOPR proposes...more

6/29/2022  /  Energy Sector , FERC , ISOs , NPRM , Power Grid , RTO

FERC Proposes Changes to Filing and Reporting Requirements for NGA Section 4 Rate Cases

On May 19, 2022, FERC issued a Notice of Proposed Rulemaking (NOPR) to establish a rule that would require natural gas pipelines to submit all supporting statements, schedules, and workpapers in native format, with all links...more

Summary of FERC’s April 2022 NOPR on Transmission Planning, Cost Allocation, and Generator Interconnection

On April 21, the Federal Energy Regulatory Commission (FERC or Commission) released its Notice of Proposed Rulemaking (NOPR) to reform its policies regarding Regional Transmission Planning and Cost Allocation. The NOPR...more

Declining to Propose a Generic Solution, FERC Directs RTOs/ISOs to File Reports on System Needs

On April 21, 2022, FERC directed each RTO/ISO to submit information related to their wholesale markets, including how changing resource mixes and load profiles are affecting system needs. FERC stated it will review the...more

FERC Approves Civil Penalties for Alleged Violations of CAISO and PJM Market Rules

On March 28, 2022 and March 29, 2022, FERC issued two orders approving stipulation and consent agreements between FERC’s Office of Enforcement and Dynergy Marketing and Trade, LLC (“Dynergy”) and Constellation NewEnergy Inc....more

4/18/2022  /  CAISO , Energy Market , Energy Sector , FERC

FERC Reverses Prior Order, Allows NYISO to Prioritize Entry of Zero Emission Resources in New York’s Capacity Market

On February 17, 2022, FERC set aside its September 2020 order rejecting the New York Independent System Operator Corporations (“NYISO’s”) tariff revisions to the “Part A Test,” a component of NYISO’s buyer-side mitigation...more

2/24/2022  /  Energy Market , Energy Sector , FERC , Tariffs

D.C. Circuit Grants Emergency Petition for Stay of FERC’s Order Terminating Killingly Energy Center’s ISO-NE Capacity Commitments

On February 4, 2022, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) issued a per curiam order granting NTE Connecticut, LLC’s (“NTE”) petition for issuance of a writ under the All Writs...more

On Remand, FERC Reverses Prior Approval of PJM 10% Net CONE Adder

On January 20, 2022, FERC issued an order on remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) directing PJM Interconnection, L.L.C. (“PJM”) to remove provisions from its...more

1/28/2022  /  Energy Market , Energy Sector , FERC
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