FERC, CFTC, and State Energy Law Developments
At its December 2021 open meeting, the Federal Energy Regulatory Commission (FERC or the Commission) approved new rules to improve utilization of the transmission system by redefining “transmission line rating” to account for ambient weather conditions. The Commission expects that the change will permit greater transmission line utilization while also fostering reliability and safety. Transmission providers have 120 days to submit a compliance filing to account for the redefinition and must implement all requirements within three years of the compliance filing due date.
The Federal Register recently published the US Department of Energy’s (DOE) notice of Request for Information (RFI) seeking public input on energy sector supply chains. The RFI requests that stakeholders provide comment on a wide variety of issues concerning supply chains of energy and related technologies.
US congressional Democrats released the latest version of H.R. 5376—better known as the Build Back Better Act—late last week, hoping to advance a $1.85 trillion spending package after months of deadlock.

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.

Bill Kissinger, Ella Foley Gannon, and Rick Rothman discuss recent US regulatory and legislative developments addressing climate change and renewable energy. They discuss the Biden-Harris administration's focus on setting goals to address climate change and highlight the success in California as a possible model for the United States. Read the Law360 article.

FERC granted a partial waiver requested by a generation and transmission service cooperative (Petitioner) of certain obligations under FERC’s regulations implementing Section 210 of the Public Utility Regulatory Act of 1978 (PURPA), which mandates the purchase of power from qualifying facilities (QFs). Petitioner filed on behalf of itself and six distribution cooperative member-owners (Participating Members) for waiver of the Participating Members’ obligations to purchase energy and capacity directly from QFs and waiver of Petitioner’s obligation to sell energy and capacity directly to QFs. The order is an example of jurisdictional entities’ ability to swap certain of their obligations under FERC’s regulations in limited situations so long as the intent of the relevant laws is fulfilled.
On March 18, FERC issued a highly anticipated order denying the petition for declaratory order filed by several electric public utilities addressing the extent to which equity ownership of multiple utility holding companies by certain institutional investors creates affiliation between those holding companies. The institutional investors in question hold specific blanket authorizations to acquire up to 20% of the voting equity in public utilities without seeking transaction-specific authorizations from FERC, in contrast to the existing blanket authorization available to all entities that allows acquisitions below 10% without prior authorization.
FERC approved revisions to three Critical Infrastructure Protection (CIP) North American Electric Reliability Corporation (NERC) Reliability Standards to expand the scope of the assets subject to supply chain cybersecurity requirements and related obligations. Supply chain cybersecurity continues to be a focus of NERC, energy industry stakeholders, and government regulatory and securities agencies.
FERC issued an original license for a period of 25 years, pursuant to Part I of the Federal Power Act, to Oregon State University (OSU) to construct, operate, and maintain the proposed PacWave South Hydrokinetic Project No. 14616 (PacWave Project). The PacWave Project is a first-of-its-kind wave energy testing facility that will be sited approximately seven miles off the coast of the state of Oregon and consists of both offshore and onshore components.