News & Analysis as of

Electricity Federal Power Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Federal Power Act/U.S. Department of Energy: Duke Energy Carolinas Emergency Order Authorizes Maximum Utilization of Specified...

The United States Department of Energy (“DOE”) issued to Duke Energy Carolinas, LLC (“Duke”) an Emergency Order (“EO”) to what is described as potential grid shortfall issues in the southeast United States. See Department of...more

Perkins Coie

Natural Gas and Coal-Fired Plants To Halt Retirement Under Trump Executive Order

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Key Takeaways - - Pursuant to President Trump’s executive order seeking to maximize the secretary of energy’s emergency authority under Section 202(c) of the Federal Power Act, the secretary’s two new orders have halted the...more

Troutman Pepper Locke

FERC Reaffirms MISO Interconnection Queue Cap on Rehearing

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On May 27, 2025, FERC addressed arguments raised on rehearing of a January 30, 2025 order, which accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to modify its generator interconnection study...more

ArentFox Schiff

Counterintuitive Questions Raised by Recent DOE Electric Emergency Orders

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“Energy security,” the principle that when you flip a light switch the lights will turn on, is something that most Americans take for granted. But the mechanics behind it incorporate both century-old transmission towers and...more

Troutman Pepper Locke

President Trump Signs Executive Order Aimed at Enhancing U.S. Electric Grid Reliability and Security

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On April 8, 2025, President Donald Trump issued the Strengthening the Reliability and Security of the U.S. Electric Grid executive order aimed at ensuring adequate and reliable electric generation in the U.S., meeting growing...more

Latham & Watkins LLP

White House Issues Executive Order to Expand Use of Emergency Federal Power Act Provision

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The order directs the Secretary of Energy to designate certain generation resources as critical and work to prevent such resources from being retired or replaced....more

Morgan Lewis

US Reliability Executive Order Directs Broad Use of DOE Emergency Powers

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President Donald Trump recently issued an executive order titled Strengthening the Reliability and Security of the United States Electric Grid, which aims to bolster electric grid reliability and address the national energy...more

Holland & Knight LLP

Executive Order Strengthens the Reliability and Security of the U.S. Electric Grid

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President Donald Trump issued an executive order (EO) on April 8, 2025, titled "Strengthening the Reliability and Security of the United States Electric Grid." The order marks a significant step in addressing the growing...more

Womble Bond Dickinson

FERC's Co-Location Conundrum: Balancing Grid Reliability with Data Center Development as PJM's Tariff Faces Scrutiny

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FERC's Order Signals Transformative Change While Navigating Jurisdictional Limits: While FERC recognizes the urgent need to address co-location arrangements (particularly given the AI/data center boom), the intricate...more

Troutman Pepper Locke

FERC Grants BP Energy’s Complaint Appealing CAISO Meter Data Reporting Penalty

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On February 27, 2025, FERC granted a complaint filed by BP Energy Retail Company California LLC (“BP Energy” or “Company”) under sections 206 and 306 of the Federal Power Act appealing a penalty the California Independent...more

Troutman Pepper Locke

FERC Institutes Show Cause Proceeding on Co-Location Issues in PJM

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On February 20, 2025, FERC found that the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appears to be unjust and unreasonable because it does not address with clarity or consistency the rates,...more

Troutman Pepper Locke

High-Level Summary of FERC Order No. 1920-A on Transmission Planning and Cost Allocation

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On November 21, 2024, FERC issued Order No. 1920-A, which modified Order No. 1920 to expand the states’ roles in long-term transmission planning and clarified requirements for such planning as set forth in Order No. 1920....more

Bracewell LLP

Federal Register Notice on November 26, 2024, Establishes Date for Compliance Filings for FERC Elimination of Generator...

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On October 17, 2024, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 904, finding on a generic basis that allowing transmission providers to charge customers for a generating facility’s provision of...more

Foley Hoag LLP - Energy & Climate Counsel

FERC’s Order No. 1920-A Invites States to Participate in Regional Transmission Cost Allocation Decisions

On November 21, 2024, FERC voted to approve Order No. 1920-A, an order on rehearing and clarification that modifies Order No. 1920, the May 2024 landmark regional transmission planning and cost allocation rule. In this post,...more

Lippes Mathias LLP

Federal Energy Regulatory Commission Imposes New Requirements on Transmission Line Siting Applicants Seeking Rights of Way on...

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal...more

Morgan Lewis - Power & Pipes

FERC Takes Final Action on Backstop Transmission Siting Rule

Earlier this year, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order 1977 to address its limited backstop siting authority for electric transmission lines. On October 17, 2024, FERC issued Order...more

Troutman Pepper Locke

FERC Denies CPower’s Complaint Requesting Revisions to PJM’s Tariff Governing Curtailment Service Providers

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On September 19, 2024, the Federal Energy Regulatory Commission (“FERC”) denied Enerwise Global Technologies, LLC’s (“CPower”) complaint against PJM Interconnection, LLC (“PJM”) alleging that PJM’s Open Access Transmission...more

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Husch Blackwell LLP

FERC Approves New Final Rule for Permit to Site Interstate Electric Transmission Facilities

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At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more

Troutman Pepper Locke

FERC Dismisses Lackawanna Complaint Against PJM Seeking “Stability Limit”-Related Lost Opportunity Costs

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On May 23, 2024, FERC issued an Order denying Lackawanna Energy Center LLC’s (“Lackawanna”) complaint against PJM Interconnection, L.L.C. (“PJM”) alleging that PJM failed to reimburse Lackawanna for lost opportunity costs...more

Fox Rothschild LLP

DOE, FERC Move to Connect Power-Hungry Customers to Renewable Energy

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The country’s electric system is undergoing its most significant transformation in over a century. The information age is skyrocketing demand from customers for more power, and renewable energy is being deployed at a dizzying...more

Davis Wright Tremaine LLP

FERC Expands Transmission Siting Authority in National Interest Corridors

On May 13, 2024, the Federal Energy Regulatory Commission ("FERC") issued a final rule expanding its siting authority over the construction and modification of electric transmission facilities within National Interest...more

Bracewell LLP

Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting...

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On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of...more

Jenner & Block

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

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On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment...more

Troutman Pepper Locke

Divided FERC Announced Much-Anticipated Transmission Rules

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On May 13, 2024, the Commission announced two major transmission reform final rules: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation (“Order No. 1920”) and Applications for Permits...more

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