News & Analysis as of

Federal Power Act

Akin Gump Strauss Hauer & Feld LLP

Senate Considers Swett and LaCerte Nominations to be FERC Commissioners Amid Reliability and Independence Debates

On September 4, 2025, the Senate Energy and Natural Resources Committee convened a hearing to consider the nominations of Laura Swett and David LaCerte to serve as commissioners at the Federal Energy Regulatory Commission...more

Spilman Thomas & Battle, PLLC

Extending the Lives of Fossil Fuel Power Plants Based on Arguably Tenuous Assumptions May Increase Power Prices

In July, the Trump administration’s Department of Energy (DOE) issued a report on the adequacy of electric generation resources to meet the current and projected demand for electricity. The DOE report ostensibly supports the...more

Troutman Pepper Locke

One Stop Shop: Court Confirms Exclusive Jurisdiction of U.S. Courts of Appeals Over Review of Licensed Hydropower Projects

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In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of...more

Troutman Pepper Locke

FERC Launches FPA 206 Investigation to Assess Necessity of the WECC Soft Price Cap

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On July 15, 2025, FERC initiated an investigation, pursuant to section 206 of the Federal Power Act (“FPA”), to assess whether the Western Electricity Coordinating Council’s (“WECC”) soft price cap on spot market energy sales...more

Troutman Pepper Locke

Ninth Circuit Upholds FERC’s Denial of RTO Incentive Adder for California Utilities Due to Mandatory CAISO Participation

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On July 11, 2025, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued an opinion in Pacific Gas & Electric Company v. FERC, addressing a challenge by Pacific Gas & Electric Company (“PG&E”), Southern...more

Troutman Pepper Locke

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

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On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more

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

Jenner & Block

Client Alert: Recent Executive Orders Affecting the Energy Industry

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On April 8th and 9th, President Trump issued five executive orders, a presidential proclamation, and a presidential memorandum that directly impact the energy industry. This alert summarizes the key provisions and...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 Denies Great Basin Transmission’s Request for Transmission Rate Incentives

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On February 20, 2025, FERC denied Great Basin Transmission, LLC’s (“Great Basin”) request for two transmission incentives for Great Basin’s Southwest Intertie Project-North Transmission Line and associated upgrades to Great...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

Goldberg Segalla

Navigating the Shifting Sands: Legal Challenges and Opportunities in Offshore Wind Development

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Offshore wind energy is rapidly emerging as a critical component of the global transition to renewable energy sources. Harnessing the vast wind resources available at sea offers significant potential for reducing greenhouse...more

Hogan Lovells

The impact of Trump 2.0 on the Federal Energy Regulatory Commission: potential developments for generation, transmission, and data...

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When there is a change of Administration in Washington, the trade press often inquires about the anticipated changes at the Federal Energy Regulatory Commission (FERC), the primary federal regulator of the nation’s power...more

Bracewell LLP

The Trump Administration’s Day-One Executive Actions: Impacts on Energy and Environmental Policy and More

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On January 20, 2025, President Trump re-assumed the presidency with a flurry of executive orders and memoranda, many of which directly impacted energy and environmental issues. These orders included a production-minded...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes Landmark Penalty for Alleged Energy Efficiency Resource Capacity Market Manipulation

On December 16, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty proposing to assess staggering civil penalties against American Efficient,...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

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