News & Analysis as of

Infrastructure Federal Energy Regulatory Commission

Troutman Pepper Locke

FERC Clears the Way for the California Independent System Operator’s Extended Day-Ahead Market

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On August 29, 2025, FERC issued three orders accepting tariff revisions proposed by PacifiCorp and Portland General Electric (“PGE”) to enable both utility’s participation in the California Independent System Operator...more

Troutman Pepper Locke

FERC Reauthorizes Transco’s Northeast Pipeline Project

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On August 28, 2025, FERC reauthorized Transcontinental Gas Pipe Line Company, LLC’s (Transco) Northeast Supply Enhancement Project (NESE) to deliver natural gas supply to the Northeast, including the New York City area. FERC...more

Troutman Pepper Locke

NextEra Receives FERC Waiver to Facilitate Nuclear Plant Restart in Iowa

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On August 25, 2025, the Federal Energy Regulatory Commission (“FERC”) granted NextEra Duane Arnold, LLC (“NEDA”) a waiver of certain sections of the Midcontinent Independent System Operator, Inc.’s (“MISO”) tariff to use...more

Dorsey & Whitney LLP

Energy Law: Month in Review - August 2025

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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

Morgan Lewis - Power & Pipes

DOE Urges FERC to Rescind Draft Policy Update on New Interstate Natural Gas Facilities

On August 29, 2025, the US secretary of energy proposed a significant regulatory shift regarding the certification process for new interstate natural gas facilities. In a letter submitted to FERC, the secretary recommended...more

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

BakerHostetler

Sierra Club v. FERC: An Application of Seven County Deference

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The D.C. Circuit issued its first precedential opinion interpreting the recent Supreme Court decision Seven County Infrastructure Coalition v. Eagle County, Colorado, 145 S. Ct. 1497 (2025)....more

White & Case LLP

Grid Operators Propose Innovative Measures to Manage Electricity Demand from Data Centers

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As the demand for artificial intelligence grows at a rapid pace, regional transmission organizations in the US are designing new solutions to connect data centers to the power grid....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

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Embraces Seven County in FERC Pipeline Review Proceeding

In Sierra Club v. FERC, No. 24-1199 (D.C. Cir. Aug. 1, 2025), the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld the Federal Energy Regulatory Commission’s (FERC) approval of a 1,000-foot...more

Hogan Lovells

New NEPA

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There have been more changes to the National Environmental Policy Act (“NEPA”) and its implementing regulations in the past nine months than perhaps at any point since NEPA was signed into law by President Nixon on January 1,...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

Davis Wright Tremaine LLP

FERC Eases NEPA Review for Hydropower Projects With New Categorical Exclusions

In a decision notable enough to merit a novel docket prefix (CX25-2-000), the Federal Energy Regulatory Commission (FERC) adopted two new categorical exclusions under the National Environmental Policy Act (NEPA) aimed at...more

K&L Gates LLP

FERC and DOE Roll Back NEPA Rules to Accelerate Permitting

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On 30 June 2025, both the US Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC or the Commission) announced revisions to their respective National Environmental Policy Act (NEPA) procedures to...more

Troutman Pepper Locke

FERC Temporarily Raises Cost Limits for Blanket Certificate Pipeline Projects to $61.65 Million

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On June 18, 2025, FERC temporarily raised the cost limits for blanket certificate natural gas pipeline projects constructed and placed into service by May 31, 2027, from $41 million to $61.65 million. Citing what it called a...more

Akin Gump Strauss Hauer & Feld LLP

FERC Acts Under Its Emergency Waiver Authorities to Ease Regulatory Burdens on Natural Gas Infrastructure Projects While...

On June 18, 2025, the Federal Energy Regulatory Commission (FERC) took four actions to ease regulatory burdens for constructing interstate pipeline and liquefied natural gas (LNG) facilities authorized under the Natural Gas...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

Vinson & Elkins LLP

Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

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On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more

Troutman Pepper Locke

FERC Accepts SPP’s Revised High Priority Transmission Study Planning Process

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On May 14, 2025, FERC accepted Southwest Power Pool, Inc.’s (“SPP”) proposed revisions to its Open Access Transmission Tariff (“OATT”) to modify its high priority transmission study planning process. SPP argued these changes...more

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

Managing the Grid/A Deep Dive into the United States Electric Transmission System for State Energy Offices: National Association...

The National Association of State Energy Officials (“NASEO”) published a report titled: Managing the Grid: A Deep Dive into the United States Electric Transmission System for State Energy Offices (“Report”)....more

Troutman Pepper Locke

FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff

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On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business...more

Troutman Pepper Locke

FERC Denies NGO Transmission, Inc.’s Application to Abandon Jurisdictional Facilities

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On April 24, 2025, FERC denied NGO Transmission, Inc.’s (“NGO Transmission”) application under 7(b) of the Natural Gas Act (“NGA”) to abandon its jurisdictional facilities and reclassify them from jurisdictional transmission...more

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