On March 16, 2023, FERC found that Commonwealth Edison Company’s (“ComEd”) formula rate protocols under the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appear to be unjust and unreasonable and therefore directed ComEd to show cause as to why its formula rate protocols are just and reasonable or explain what changes to its formula rate protocols would remedy FERC’s concerns relating to the scope of participation, transparency, and challenge procedures.
Mary-Kate Rigney
D.C. Circuit Holds that FERC Has Exclusive Jurisdiction Over Exit Fees Charged by a Colorado Electric Cooperative
Posted in Generation, Transmission
On September 16, 2022, a panel of three judges on the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a decision in United Power, Inc. v. FERC affirming FERC’s exclusive jurisdiction over exit fees charged by Tri-State Generation and Transmission Association, Inc. (“Tri-State”), a Colorado generation and transmission cooperative.
D.C. Circuit Upholds FERC’s Approval of MVP’s Southgate Project
By Mary-Kate Rigney & Elizabeth McCormick on
Posted in Natural Gas
On June 28, 2022, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a decision in Sierra Club v. FERC upholding FERC’s approval of Mountain Valley Pipeline, LLC’s (“MVP”) Southgate Project.
Supreme Court Decision in West Virginia v. EPA
By Mary-Kate Rigney & Katherine O'Konski on
Posted in FERC Practice
On June 30, 2022, in a 6-3 decision, with Chief Justice John G. Roberts Jr. writing for the majority, the United States Supreme Court issued a decision in West Virginia v. EPA limiting the EPA’s ability to regulate carbon emissions from existing power plants. The Court’s decision could have significant implications for other executive branch agencies attempting to issue regulations that implicate “major questions.”
Commissioner Glick Renominated as FERC Chairman
By Mary-Kate Rigney & Russell Kooistra on
Posted in FERC Practice
On May 20, 2022, the White House announced that President Joe Biden renominated current FERC Chairman Richard Glick for a second, five-year term as a member and Chairman of the Commission. Glick’s current term expires June 30, 2022.