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D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more

FERC Accepts Tennessee Gas Pipeline’s New PowerServe Rate Schedule and Authorizes Capacity Lease Agreement with Kinder Morgan

On September 29, 2023, FERC approved Tennessee Gas Pipeline Company, L.L.C.’s (“TGP”) proposal to lease intrastate capacity from Kinder Morgan Texas Pipeline LLC (“Kinder Morgan”) to offer a new hourly transportation...more

Renewable Natural Gas and the Promise of a Cleaner Future [Video]

As RNG gains momentum, it is important to consider the factors that may impact a producer or investor’s decision to enter the market. In this video, Troutman Pepper Partner Daniel Archuleta and Associate Russell Kooistra...more

The Next Phase of RNG Is Here, Now What?

The utility industry is rapidly adopting biomethane, also known as renewable natural gas or “RNG,” to supplement traditional natural gas as a fuel source for both electric generation and heating purposes. Previously, RNG...more

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

FERC Rejects Attempts to Waive $75 Million in Pipeline Penalties During Storm Uri

On October 21, 2021, FERC denied multiple complaints against Panhandle Eastern Pipe Line Company, LP (“Panhandle”) regarding its refusal to waive all penalties associated with Operational Flow Orders (“OFO”) issued during the...more

Supreme Court Rules that PennEast, Gas Pipelines May Condemn State-Owned Land

On June 29, 2021, the Supreme Court of the United States ruled that a certificate of public convenience and necessity issued by FERC under section 7 of the Natural Gas Act (“NGA”) authorizes a private company to exercise...more

FERC Revises Policy on Authorizing Pipelines to Commence Construction Pending Requests for Rehearing of Certificate Orders

On May 4, 2021, FERC issued Order No. 871-B, clarifying that the rule established in Order No. 871, which precludes FERC from authorizing natural gas pipeline companies to proceed with construction of approved pipeline...more

FERC Finds Abrogation of Gas TSAs Would Not Be in the Public Interest Ahead of Possible Bankruptcy Proceeding

On October 28, 2020, FERC declined to abrogate or modify firm natural gas transportation service agreements (“Gulfport TSAs”) between Gulfport Energy Corporation (“Gulfport”) and Rockies Express Pipeline LLC (“Rockies...more

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