On April 21, 2022, a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power Act, the NOPR represents a significant and long-awaited step toward expansion and upgrade of the Nation’s high voltage grid. The NOPR is more limited than the Commission’s July 2021 Advanced Notice of Proposed Rulemaking, perhaps in an effort to bring the Commissioners closer together and to issue a Final Rule by year’s end. Comments are due 75 days from date of publication in the Federal Register, which will occur in the weeks following the Commission’s April 21 meeting. Reply comments are due 30 days after the initial comment deadline.

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