On November 20, 2025, FERC took several steps aimed at finalizing oil pipeline price index levels for the July 1, 2021, to June 30, 2026, time period (“2021-2026 Period”). First, FERC set the oil pipeline index level for the 2021-2026 Period at PP-FG+0.78% (“Initial Index”), consistent with the index level it originally set in December 2020. FERC also issued remedial relief through a rehearing order to applicable oil pipelines for the March 1, 2022, to September 17, 2024, time period in which an index level of PPI-FG-0.21% (“Rehearing Index”) was in effect. The relief ordered by FERC will allow qualifying pipeline to recover amounts they would have otherwise charged under the Initial Index while the Rehearing Index prices were in effect. Finally, FERC withdrew a Supplemental Notice of Proposed Rulemaking (“Supplemental NOPR”) in which FERC sought to proactively set the Rehearing Index as the index level for the remainder of the 2021-2026 Period.
FERC Practice
MISO to Expand Number of Interconnection Requests it Can Study on Expedited Basis
On November 25, 2025, FERC accepted the Midcontinent Independent System Operator, Inc.’s (MISO) proposal to expand the number of interconnection requests MISO may study under its temporary, fast-tracked generator interconnection process. FERC concluded that the proposal will help ensure interconnection customers are able to interconnect to the MISO transmission system in a reliable, efficient, and timely manner.
Fifth Circuit Rejects Pipeline’s and Challengers’ Petitions for Review of FERC Order Certificating GTN Expansion Project
On October 28, 2025, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) denied several petitions for review of FERC’s authorization of Gas Transmission NW, LLC’s (GTN) GTN Xpress compressor expansion project (Project). Specifically, the Fifth Circuit (1) denied GTN’s petition for review challenging FERC’s denial of a…
FERC Staff Audit Report Identifies CIP Standard Compliance Risks in FY2025
On October 20, 2025, FERC Staff issued a report outlining areas of risk to the reliability of the electric grid based on non-public Critical Infrastructure Protection (CIP) Audits of U.S. based North American Electric Reliability (NERC) registered entities’ (Registered Entities) compliance with CIP Reliability Standards during Fiscal Year 2025 (FY2025).
FERC Accepts SPP’s Provisional Load Interconnection Process
On October 10, 2025, FERC accepted Southwest Power Pool, Inc.’s (“SPP”) proposed revisions to its Open Access Transmission Tariff (“OATT”) to establish a provisional load interconnection process. SPP argued the provisional load interconnection process is driven by an increase in requests for load additions and will improve transmission planning and encourage new generation resources to come online by allowing SPP to study interconnection requests while accounting for planned generation. FERC accepted the tariff revisions subject to further compliance, finding the provisional load interconnection process will allow SPP to better understand the impacts of load requests and identify necessary network upgrades.
Senate Confirms Commissioners Swett and LaCerte to Fill Remaining FERC Seats
On October 7, 2025, the U.S. Senate confirmed the nominations of Laura V. Swett and David A. LaCerte as FERC Commissioners. Once they are sworn in as Commissioners, they will fill the remaining two seats on the five-member Commission. Commissioner Swett’s term ends on June 30, 2030, and she will…
FERC Sunsets 53 Regulations in Response to April Executive Order
On October 1, 2025, the Federal Energy Regulatory Commission issued a final rule revising 53 regulations to include conditional sunset provision in response to the April 2025 Executive Order titled “Zero-Based Regulatory Budgeting to Unleash American Energy.” FERC, along with nine other agencies, was required to establish one-year…
D.C. Circuit Denies Sierra Club’s and Appalachian Voice’s Petition for Review of FERC Order Authorizing Construction and Operation of Natural Gas Pipeline
On September 30, 2025, the D.C. Circuit Court of Appeals denied a joint petition for review brought by Sierra Club and Appalachian Voices (together, Petitioners) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to Tennessee Gas Pipeline Company (Tennessee Gas) to construct a new natural gas…
D.C. Circuit Rejects FERC’s Approval of Tennessee Gas’ Two-Tiered Fuel Rate Structure
On September 30, 2025, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded FERC’s order approving a two-tiered fuel rate structure for Antero Resource Corporation’s (“Antero”) usage of Tennessee Gas Pipeline Company, L.L.C.’s (“Tennessee Gas”) Broad Run Expansion Project (“Expansion Project”). The D.C. Circuit held FERC’s approval of the rate structure was arbitrary and capricious because it required Antero to always pay for the highest fuel rates irrespective of the segment’s actual operations.
Divided Panel of the D.C. Circuit Upholds FERC’s Interpretation of PURPA Size Limitations Based on “Send Out” Capacity
On September 9, 2025, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) on remand from the U.S. Supreme Court upheld FERC’s order granting Broadview Solar, LLC’s (“Broadview”) hybrid solar and battery project qualifying facility (“QF”) status based on FERC’s interpretation of the Public Utility Regulatory Policies Act of 1978 (“PURPA”). Specifically, even without the benefit of Chevron deference (discussed below), the D.C. Circuit reaffirmed FERC’s interpretation that PURPA’s 80 MW statutory size limitation should be applied using the capacity a QF can “send out” to the grid, even if the facilities have a higher aggregate generating capacity.