Federal Energy Regulation

On February 17, 2022, the Federal Energy Regulatory Commission issued an updated policy statement on the certification of new interstate natural gas facilities (Updated Policy Statement). This Updated Policy Statement replaces the Commission’s previous policy statement issued in 1999, which relied primarily on the existence of precedent agreements between the pipeline applicant and its shippers to establish evidence of need for a proposed interstate natural gas facility. Under the previous policy statement, if a proposed natural gas pipeline project was able to establish through precedent agreements with shippers that there was demand for the increased capacity, the Commission generally found that the proposed project was in the public interest and issued the certificate.
Continue Reading FERC Updates Gas Pipeline Certificate Policy Statement and Issues Interim Policy Statement on GHG Emissions

The Federal Energy Regulatory Commission (FERC) is acting to improve the safety of hydroelectric generation projects.  Hydropower regulation is the oldest area of FERC’s jurisdiction, dating back to the 1920s.  The latest developments in this area of FERC regulation focus on safety.
Continue Reading FERC Acts to Improve Safety at Hydroelectric Projects

On November 19, we published an article on the Federal Energy Regulatory Commission’s (“FERC”) efforts to reform transmission planning and cost allocation issues addressed in FERC’s Advance Notice of Proposed Rulemaking (“ANOPR”).  Just last week, FERC issued a notice seeking comments in response to its November 15, 2021 technical conference on ANOPR in Docket No. RM21-17.  Please be advised that all interested persons are invited to file post-technical conference comments to address the issues raised during that event on or before November 30, 2021. 
Continue Reading Updates on FERC Transmission Planning Process Reform – 11/22/21

Regulatory Update – FERC transmission planning process reform

On July 15, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an Advanced Notice of Proposed Rulemaking (“ANOPR”) to broadly examine FERC’s current electric regional transmission planning, cost allocation, and generator interconnection policies.  The ANOPR seeks public comment on “potential reforms for longer-term regional transmission planning and cost-allocation processes that take into account more holistic planning, including planning for anticipated future generation, rethinking cost responsibility for regional transmission facilities and interconnection-related network upgrades, and enhanced transmission oversight over how new transmission facilities are identified and paid for.”  Issuance of a final rule could have a significant impact on transmission grid planning processes throughout the nation.  Below are some key takeaways and perspectives based on the ANOPR and its public comment process.

Continue Reading Updates on FERC Transmission Planning Process Reform

Earlier this month, the Senate Committee on Energy and Natural Resources held hearings on the recently proposed Public Land Renewable Energy Development Act of 2019, S.2666 (“PLREDA”). Although similar to the House resolution proposed last summer, PLREDA is the most recent bi-partisan effort to promote wind, solar, and geothermal development on public lands.  Its ultimate objective is to permit at least 25 gigawatts of renewable power projects on public lands by the end of 2025.
Continue Reading Renewed commitment to renewables: Senate bill hopes to foster renewable development on public lands

A new legislation signed into law in August, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), will expand vastly the types of foreign investment transactions that the Committee on Foreign Investment in the United States (“CFIUS”) may review. Under the new law, a wide range of foreign investments affecting the U.S. energy sector

As published in a recent Husch Blackwell client alert, on April 26, 2017 the U.S. Department of Commerce (DOC) published a notice in the Federal Register setting out the hearing schedule for the investigation of steel imports that was announced on April 20, 2017. The scope of the investigation appears to be broad and could