The Federal Energy Regulatory Commission’s (“FERC” or “Commission”) October 18, 2023 Open Meeting (the “October Open Meeting”) and October 27, 2023 issuance of rehearing of remand.
Electric
E-1 – Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act (Docket No. RM20-10-000). On March 20, 2020, the Commission issued a Notice of Proposed Rulemaking (NOPR) relating to electric transmission incentives policy pursuant to the Federal Power Act (FPA). In the NOPR, the Commission furnished proposed revisions to transmission planning and cost allocation processes following significant developments in the sector, reflecting a potential new focus on reliability and economic benefits rather than the current risks and rewards approach associated with specific projects. Further, the NOPR acknowledged policy shifts in the fifteen years following Order No. 679, which codified an approach to evaluate requests for incentives made by transmission owners and operators, as well as Order No. 1000 and the 2012 Policy Statement on transmission incentives applications. Namely, the NOPR proposed to: offer public utilities an return on equity (ROE) incenti
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On December 9, 2020, the Acting Solicitor General filed a brief on behalf of the United States, as amicus curiae, in support of PennEast Pipeline Company’s petition for a writ of certiorari seeking review of a decision of the United States Court of Appeals for the Third Circuit in a closely-watched eminent domain case that has significant ramifications for interstate natural gas pipelines. Left undisturbed, the Third Circuit’s ruling – as the Third Circuit itself acknowledged – risks disrupting how the natural gas industry has operated for decades in constructing interstate pipelines over State-owned land.