On September 6, 2023, the Federal Energy Regulatory Commission’s (FERC or the “Commission”) Order No. 2023, “Improvements to Generator Interconnection Procedures and Agreements” (the.
Below are summaries of the agenda items for the Federal Energy Regulatory Commission's October 20, 2022 open meeting, pursuant to the sunshine notice released on October 13, 2022. In.
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On March 23, 2021, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) agreed with FERC’s determination that the New York State Department of Environmental Conservation (“DEC”) had waived its certification authority under the Clean Water Act (“CWA”) by failing to act within the one-year statutory deadline. Notably, the Second Circuit held that a state agency cannot revise a certification request date by written agreement with the applicant, thereby altering the one-year statutory deadline for state action. Denying the petitions for rehearing by DEC and the Sierra Club, the Court applied the same reasoning it applied in New York State Dept’ of Env’t Conservation v. FERC (“New York I”), 884 F.3d 450, 455-56 (2d Cir. 2018) (see March 20, 2018 edition of the