Power & Pipes

FERC, CFTC, and State Energy Law Developments

US President Joseph Biden signed an executive order on August 5 that underscores his stated commitment to encourage the development and deployment of electric vehicles (EVs) as part of the Biden-Harris administration’s clean energy agenda. The executive order, Strengthening American Leadership in Clean Cars and Trucks, aims to increase the production of zero-emission vehicles by 2030 and directs new pollution and fuel economy standards for light‑, medium-, and heavy-duty vehicles for model years 2027 and later. President Biden’s issuance of the executive order, combined with the EV-related implications of various provisions in the draft infrastructure bill currently pending in Congress, may well serve to facilitate increased deployment of EVs in US markets.

The National Association of Regulatory Utility Commissioners (NARUC) has submitted 10 nominees to FERC to serve on the newly formed Joint Federal-State Task Force on Electric Transmission. Last month in Docket No. AD21-15, FERC issued an order establishing a joint federal-state task force with NARUC to evaluate barriers and solutions to transmission development. The task force will conduct joint hearings on transmission-related issues with a focus on developing ways to plan and pay for new transmission facilities that are best for the public interest.

FERC issued an advance notice of proposed rulemaking (ANOPR) in Docket No. RM21-17, seeking comment on the potential need for reform of Commission regulations necessary to improve regional transmission planning and cost allocation and generator interconnection processes. Comments and reply comments are due 75 days and 105 days, respectively, after publication in the Federal Register.