News & Analysis as of

Federal Energy Regulatory Commission Capacity Market

Akin Gump Strauss Hauer & Feld LLP

FERC Holds Technical Conference to Explore Resource Adequacy Challenges

On June 4–5, 2025, the Federal Energy Regulatory Commission (FERC or Commission) hosted a commissioner-led technical conference to discuss resource adequacy challenges facing regional transmission organizations and...more

Holland & Knight LLP

FERC Takes Action on Co-Located Load in PJM

Holland & Knight LLP on

The Federal Energy Regulatory Commission (FERC or Commission) on Feb. 20, 2025, initiated a review of issues associated with the co-location of large loads (such as data centers) at generating facilities in the PJM...more

Troutman Pepper Locke

FERC Announces Commissioner-led Technical Conference on Resource Adequacy in RTOs/ISOs

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On February 20, 2025, FERC Chairman Mark Christie announced an upcoming Commissioner-led technical conference on resource adequacy in Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) regions....more

Baker Botts L.L.P.

FERC Approves First Enforcement Settlement Involving Power Plant Operations by Bitcoin Mining Company.

Baker Botts L.L.P. on

Bitcoin mining company pays $1.42 million for violating PJM’s tariff in relation to its power plant operations. On January 30, 2025, the Federal Energy Regulatory Commission (“FERC”) approved a settlement agreement...more

Troutman Pepper Locke

FERC Issues Nearly $1B Market Manipulation Penalty Regarding Alleged Energy Efficiency Projects

Troutman Pepper Locke on

On December 16, 2024, the Federal Energy Regulatory Commission (“FERC”) directed American Efficient, LLC, its subsidiaries, and corporate parents (collectively, “American Efficient”) to show cause why American Efficient...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

Dorsey & Whitney LLP

Energy Law: Month in Review - September 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Dorsey & Whitney LLP

Energy Law: Month in Review - July 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month....more

Troutman Pepper Locke

Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

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On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more

Foley Hoag LLP - Energy & Climate Counsel

NYISO Pushes Back Anticipated Compliance, Cluster Study Dates After FERC Order No. 2023-A

Interconnection reform is coming to New York State—right on (a slightly revised) schedule. In response to the issuance of a rehearing and clarification order on Federal Energy Regulatory Commission (“FERC”) Order No. 2023...more

Troutman Pepper Locke

FERC Approves Changes to PJM Capacity Accreditation Rules; Rejects Proposed Changes Seeking to Better Reflect Risk in Capacity...

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On January 30, 2024, FERC approved, subject to condition, PJM’s proposal to reform its Reliability Pricing Model, including resource adequacy risk modeling, capacity accreditation, testing requirements for capacity resources,...more

Troutman Pepper Locke

FERC to Convene Forum on PJM Capacity Market

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On April 19, 2023, FERC announced it would hold a forum to discuss the PJM Interconnection, L.L.C. (“PJM”) capacity market. The Commissioner-led forum is scheduled for Thursday, June 15, 2023. There will be three panels to...more

Dorsey & Whitney LLP

D.C. Circuit Upholds FERC’s Broadview of PURPA

Dorsey & Whitney LLP on

On February 14, 2023, the D.C. Circuit Court of Appeals upheld FERC’s broad definition of qualifying facilities (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). In Broadview Solar, LLC, 174 FERC ¶...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Approves ISO-New England’s Implementation of Capacity Market Design Changes and MOPR Elimination

On Friday, May 27, 2022, the Federal Energy Regulatory Commission (FERC) issued an order approving ISO-New England’s proposed tariff revisions, which phase out the ISO’s minimum offer price rule (MOPR) by 2024...more

Morgan Lewis - Power & Pipes

PJM’s ‘Focused’ Minimum Offer Price Rule Takes Effect by Operation of Law

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

Bracewell LLP

FERC Staff Issues White Paper on Hybrid Resources; Seeks Industry Input

Bracewell LLP on

On May 26, 2021, Federal Energy Regulatory Commission (“FERC”) staff issued a white paper regarding the current status and use of hybrid resources – e.g., co-located generation and storage facilities – in wholesale markets,...more

Morgan Lewis - Power & Pipes

FERC Clarifies Order on State-Directed Default Service Auctions in PJM

FERC has issued an order revising its prior order on PJM’s Minimum Offer Price Rule (MOPR) by vacating a footnote that suggested the New Jersey Basic Generation Service default service auction—and by extension other state...more

Bracewell LLP

Things Looking Up for Renewable Resources at Federal Energy Regulatory Commission

Bracewell LLP on

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

Troutman Pepper Locke

FERC Upholds ISO-NE CASPR Program on Rehearing

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On November 19, 2020, FERC upheld its March 2018 order addressing ISO New England, Inc.’s (“ISO-NE”) Competitive Auctions with Sponsored Policy Resources (“CASPR”) proposal to integrate certain state-supported resources into...more

Troutman Pepper Locke

FERC Rejects NYISO Buyer-Side Mitigation Proposal Aimed at Clean Energy Transition

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On September 4, 2020, FERC rejected the New York Independent System Operator, Inc.’s (“NYISO”) proposed revisions to its buyer-side mitigation (“BSM”) rules that sought to prioritize storage, wind, solar, and other...more

Sheppard Mullin Richter & Hampton LLP

FERC Continues to Squeeze Renewable Resources Participating in Wholesale Electric Capacity Markets

On February 20, 2020, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued several orders narrowing New York Independent System Operator, Inc.’s (“NYISO”) buyer-side market power mitigation rules in its...more

Orrick, Herrington & Sutcliffe LLP

Major Reforms to FERC Market-Based Rate Program Include New Data Collection Requirements

In a pair of rulemaking orders issued July 18, 2019, the Federal Energy Regulatory Commission (FERC) revised its regulations and policies for obtaining and maintaining authority to sell wholesale energy, capacity and...more

King & Spalding

Significant Changes to FERC’s Rules for Market-Based Rate Sellers

King & Spalding on

On July 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued two orders modifying its rules for sellers to obtain or retain authorization to make sales at market-based rates. First, Order No. 861 modifies the...more

King & Spalding

Impact of the Delayed PJM Base Residual Auction on Excess Cash Flow Sweeps Under Construction Financings

King & Spalding on

In a July 25, 2019 order, the Federal Energy Regulatory Commission (“FERC”) directed PJM Interconnection, L.L.C. (“PJM”) not to conduct the Base Residual Auction (“BRA”) to procure capacity for the 2022-2023 delivery year in...more

Stoel Rives - Renewable + Law

FERC Issues NOPR to Eliminate Horizontal Market Screens for Certain MBR Sellers

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) on December 20 proposing changes to its regulations regarding the horizontal market power analysis required for market-based...more

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