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
“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
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
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
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
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
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
The Federal Energy Regulatory Commission (“FERC”) will host its January Open Meeting on Thursday, January 18, 2024. The Sunshine Act Meeting Notice (“Notice”) issued January 11, 2024, indicates that FERC intends to take...more
In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more
On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context...more
Introduction - On June 29, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 898, a final rule that revises FERC’s Uniform System of Accounts (USofA) by adding functional detail concerning the...more
On May 11, 2023, FERC notified Mankato Energy Center, LLC and Mankato Energy Center II, LLC (“Mankato Companies”) that it will release certain privileged information included in the initial brief that Mankato Companies...more
The Maryland General Assembly passed the Promoting Offshore Wind Energy Resources Act (POWER Act) on April 10, 2023, committing the state to develop 8.5 gigawatts (GW) of offshore wind by 2031. The POWER Act also vaults...more
On June 16, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) entitled 'Improvements to Generator Interconnection Procedures and Agreements.' The reforms aim to address...more
In a notice issued on September 29, 2021, FERC stated that it did not act on PJM Interconnection LLC’s (PJM’s) proposed reforms to the application of the Minimum Offer Price Rule (MOPR) because the Commissioners are divided...more
At the June 17, 2021 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a policy statement and an order reflecting its continued support for transmission project development and...more
On March 19, 2021, a divided Federal Energy Regulatory Commission (FERC or the “Commission”) reverted to its long-standing “send out” analysis for determining the “power production capacity” of a small power production...more
FERC issued an original license for a period of 25 years, pursuant to Part I of the Federal Power Act, to Oregon State University (OSU) to construct, operate, and maintain the proposed PacWave South Hydrokinetic Project No....more
At the Federal Energy Regulatory Commission (“FERC” or “Commission”), President Joseph Biden selected Richard Glick, one of two Democratic commissioners on the five person commission, as Chairman. The Chair sets FERC’s...more
Under the Federal Power Act (FPA), the US Federal Energy Regulatory Commission (“FERC” or “Commission”) licenses and regulates over 1,600 hydroelectric project dams, diversions, and related hydropower facilities....more
On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources. Challengers had contended that by prohibiting states from barring...more
The Federal Energy Regulatory Commission (“FERC”) requested comments on a proposed rulemaking to revise its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Notice of Proposed Rulemaking...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s April 18, 2019 meeting, pursuant to the agenda as issued on April 11, 2019. Agenda items E-4 and C-4 have not been included due to...more
We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more
In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more