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
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
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
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
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
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
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
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
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
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
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
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
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
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
Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on November 16, 2023, pursuant to the sunshine notice released on November 9, 2023....more
The Federal Energy Regulatory Commission (“FERC”) recently affirmed its prior determination that where an investor’s non-independent director is appointed to the board of a public utility or public utility holding company,...more
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
On July 3, 2023, the Federal Energy Regulatory Commission (“FERC”) issued an order addressing issues raised on rehearing in response to one of two October 2022 orders that set the stage for small minority investors to be...more
Much of the nation’s electric transmission grid is old and deteriorating, designed well before the recent transition from coal and oil-fired generation to renewable and distributed generation. There is widespread agreement...more
On March 16, 2023, FERC granted a petition declaring that, should it issue orders pursuant to Sections 210 and 211 of the Federal Power Act (“FPA”), which would be required for a prospective project to interconnect Puerto...more
The Federal Energy Regulatory Commission (FERC) issued a final rule on January 12 amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within FERC’s...more
Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 17, 2022 open meeting, pursuant to the sunshine notice released on November 10, 2022. Electric - E-1 – Registration of...more
On September 22, 2022, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Notice of Proposed Rulemaking (NOPR) proposing revisions to its regulations to establish rate incentives for public utilities...more
Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022. As part of an agreement to win...more
US Senators Maria Cantwell (D-WA) and Catherine Cortez Masto (D-NV) introduced legislation on July 28, 2022, to provide FERC with the authority to temporarily or permanently ban any person from trading or transacting in...more