News & Analysis as of

Regulatory Oversight Federal Energy Regulatory Commission

Troutman Pepper Locke

On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

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On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor...more

Troutman Pepper Locke

FERC Accepts SPP’s Revisions to Its Western Energy Imbalance Tariff Incorporating a Reliability-Based Market Hold Settlement...

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On June 20, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) revisions to its Western Energy Imbalance Service (WEIS) tariff to allow a participating balancing authority to initiate a market hold due to reliability...more

Wilson Sonsini Goodrich & Rosati

The Basics of Electric Power Regulation for Project Developers

The purpose of this whitepaper is to provide an overview of U.S. electricity regulation, including the different market structures in the industry, how those markets are regulated, and the primary agencies responsible for...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

FERC Staff Releases 2025 Summer Energy Market and Electric Reliability Assessment

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On May 15, 2025, the FERC’s Office of Energy Policy and Innovation, in coordination with the Office of Electric Reliability, released their 2025 Summer Energy Market and Electric Reliability Assessment, highlighting key...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

Perkins Coie

FERC Meeting Agenda Summaries for May 2025

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on May 15, at 10:00 a.m. ET. The summaries below are based on publicly available...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

Balch & Bingham LLP

Co-Located Load and Race to Reshape the Grid: Hotel California Meets Life in the Fast Lane

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The rapid expansion of digitalization and artificial intelligence (AI) is redrawing the map of the electric grid. Hyperscale data centers – deployed by companies like Amazon, Google, Microsoft, and Meta – are multiplying...more

White & Case LLP

NERC Tees Up Plan to Assess Grid Risks Associated with Data Centers

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The North American Electric Reliability Corporation (NERC) outlined forthcoming activities to identify and address the potential impacts to reliability as a result of the rapid expansion of data centers and other large...more

Troutman Pepper Locke

FERC Again Rejects Co-Located Load Increase Proposal at Nuclear Facility

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On April 10, 2025, FERC addressed arguments on rehearing that clarified, but did not modify the outcome of, a November 1, 2024, order (“Rejection Order”) rejecting PJM Interconnection, L.L.C.’s (“PJM”) proposal to increase...more

Troutman Pepper Locke

FERC Accepts SPP’s Tariff Revisions Regarding Distribution of Make-Whole Payments for Self-Committed Resources

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On March 27, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) tariff revisions to remove the opportunity for resources that self-commit during the Reliability Unit Commitment Process (RUC) to avoid contributing to RUC...more

Troutman Pepper Locke

FERC Grants and Denies in Part Basin Electric’s Transmission Incentive Petition

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On March 31, 2025, FERC granted in part and denied in part Basin Electric Power Cooperative’s (Basin Electric) petition for declaratory order seeking transmission incentives for the Roundup-Kummer Ridge Project, the...more

Foley Hoag LLP - Energy & Climate Counsel

FERC to Rule on ISO New England’s Interconnection Reforms This Week

On March 31, 2025, FERC signaled that it will rule on ISO New England’s proposed interconnection reforms this week—on or before Friday, April 4. In May 2024, ISO New England filed proposed tariff revisions at FERC in...more

Hogan Lovells

FERC issues orders expanding organized markets in the Southeast and the Southwest

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The Federal Energy Regulatory Commission (“FERC”) recently issued two orders approving proposals to expand the organized electric markets. The first order, related to a proposal from a coalition of transmission-owning...more

Energy Regulators Race to Keep Up with Data Center Power Demand

Electric utilities across the country are forecasting higher than normal power demands in their service territories, driven in large part by the power needs of data centers. The US Department of Energy’s (DOE’s) Lawrence...more

Perkins Coie

FERC Initiates Proceeding on Co-Location of Power Demand With Generating Facilities, Raising Issues That Will Reverberate Across...

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The Federal Energy Regulatory Commission (FERC) recently issued an order (Co-location Order) finding that the treatment of load that co-locates behind generating facilities’ points of interconnection with the grid in the PJM...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

Troutman Pepper Locke

D.C. Circuit Upholds FERC Order Requiring Stingray to Restore Service Before Abandoning Damaged Pipeline

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On December 20, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s order authorizing Stingray Pipeline Company, L.L.C. (“Stingray”) to abandon a portion of its...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

Federal Appeals Court Appears Skeptical of State’s Ability to Question Federal Transmission Planning Decisions

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On December 5, 2024, the U.S. Court of Appeals for the Third Circuit heard oral arguments in Transource Pennsylvania LLC v. Steven M. Defrank, et.al. The case presents the question of potential tension between FERC’s...more

Clark Hill PLC

Administrative Law Report - November 2024, Vol. 2

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed....more

K&L Gates LLP

Carbon Quarterly – Volume 9

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Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Troutman Pepper Locke

Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights

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The landscape for utilities and their customers in the power allocation space is heavily regulated. Minimum load requirements, contested rights, and myriad other issues must be understood — and handled effectively — to...more

Akin Gump Strauss Hauer & Feld LLP

FERC Permits Oil and Liquid Pipelines to Increase Index Rates by over 13%

Effective July 1, 2023, oil and liquids pipelines regulated by the Federal Energy Regulatory Commission (FERC) and charging so-called “index” rates will be able to increase their rates by over 13 percent. FERC announced this...more

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