News & Analysis as of

Renewable Energy Federal Power Act Energy Sector

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

Hogan Lovells

The impact of Trump 2.0 on the Federal Energy Regulatory Commission: potential developments for generation, transmission, and data...

Hogan Lovells on

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

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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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

Fox Rothschild LLP

DOE, FERC Move to Connect Power-Hungry Customers to Renewable Energy

Fox Rothschild LLP on

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

Foley Hoag LLP

FERC January 2024 Open Meeting Preview

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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

Vinson & Elkins LLP

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

Vinson & Elkins LLP on

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

Balch & Bingham LLP

FERC Issues Landmark Generator Interconnection Reforms

Balch & Bingham LLP on

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

Perkins Coie

Maryland Commits to 8.5 GW of Offshore Wind by 2031, Looks Ahead to Offshore Wind Transmission

Perkins Coie on

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

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 Endeavors to Encourage Transmission Development in Coordination With States

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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

Akin Gump Strauss Hauer & Feld LLP

FERC Reverts to Its Traditional Analysis for Determining “Power Production Capacity” of Small Power Production QFs

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

Foley Hoag LLP - Energy & Climate Counsel

D.C. Circuit Decision Upholds Access to Wholesale Markets for Energy Storage Resources, but Will More Litigation Follow?

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

Sheppard Mullin Richter & Hampton LLP

FERC Proposes Major Changes to PURPA Regulations Impacting Qualifying Facility Rates and Requirements; Throwing Roadblocks in the...

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

White & Case LLP

Summary of FERC Meeting Agenda for April 2019

White & Case LLP on

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

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

K&L Gates LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Seventh Circuit Rejects Federal Preemption and Dormant Commerce Clause Challenges to Illinois Nuclear ZEC Program

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

Foley Hoag LLP - Environmental Law

Seventh Circuit Upholds Illinois ZEC Program for Struggling Nuclear Units

On September 13, 2018, the Court of Appeals for the Seventh Circuit affirmed the trial court’s dismissal of claims that the zero-emission credit (ZEC) program enacted by the Illinois legislature in 2016 violated the U.S....more

K&L Gates LLP

FirstEnergy: Bankruptcy Court Asserts Primacy Over FERC; Approves Rejection of Power Purchase Agreements

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In a closely watched battle between FirstEnergy Solutions (“FirstEnergy”) and the Ohio Valley Energy Corporation (“OVEC”) that could have significant implications for the U.S. power sector, the U.S. Bankruptcy Court for the...more

Snell & Wilmer

FERC to Consider Updating PURPA: May Signal Big Changes Without New Legislation

Snell & Wilmer on

The Federal Energy Regulatory Commission (FERC) announced at its most recent monthly conference that it is taking a new look at PURPA. The Public Utility Regulatory Policies Act (PURPA) was enacted in 1978 in response to the...more

Sullivan & Worcester

FERC Energy Storage Rule Creates New Opportunitites For Small, Low-Impact Hydropower Projects

Sullivan & Worcester on

OVERVIEW - The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100...more

Holland & Knight LLP

FERC and IRS Diverge on Approaches to Tax Equity Investors

Holland & Knight LLP on

The Internal Revenue Service (IRS) and the Federal Energy Regulatory Commission (FERC) have recently taken different approaches to issues raised by tax equity investors that have invested specifically in renewable energy...more

Akin Gump Strauss Hauer & Feld LLP

Lack of Quorum Costs East Kentucky Power Cooperative in PURPA Dispute

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more

Holland & Knight LLP

New York Federal District Court Decision Supports State’s Role in Furthering Clean Energy

Holland & Knight LLP on

For the third time in the past month, a federal court has upheld a state program to pursue support for clean energy, including renewable energy certificates (RECs), and zero emission credits (ZECs) in New York and Illinois....more

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