On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking that would expand an existing National Environmental Policy Act (NEPA) categorical exclusion to cover certain terminations and revocations of hydropower licenses and exemptions. The proposal would allow FERC to rely on a categorical exclusion, rather than preparing an Environmental Assessment (EA) or Environmental Impact Statement (EIS), for license and exemption terminations or revocations that involve only minor or no ground-disturbing activity and minor or no changes in reservoir conditions and downstream flows.
FERC News
FERC Dismisses BGE Complaint Against Transco Challenging Negotiated Rate Below Recourse Rate
On February 19, 2026, FERC dismissed a complaint filed by Baltimore Gas and Electric Company (BGE) against Transcontinental Gas Pipe Line Company, LLC (Transco) asserting that BGE had a contractual right to challenge its negotiated rate with Transco pursuant to section 5 of the Natural Gas Act (NGA). FERC held that BGE contractually waived its NGA section 5 rights with respect to its negotiated rate, and BGE therefore was required to pay the negotiated rate.
FERC Issues CPCN for Transco Southeast Supply Enhancement Project
On January 29, 2025, FERC issued a certificate of public convenience and necessity (CPCN) to Transcontinental Gas Pipe Line Company, LLC (Transco) to construct and operate its Southeast Supply Enhancement Project (Project).
The Project expands Transco’s existing natural gas transmission system in Virginia and North Carolina and will add approximately…
FERC Approves 1,200‑MW Pumped Storage Project on Former Smelter Site
On January 22, 2026, the Federal Energy Regulatory Commission (Commission or FERC) issued a 40‑year original license to FFP Project 101, LLC (FFP) to construct and operate a 1,200‑megawatt pumped storage hydropower facility, the Goldendale Energy Storage Project, in Klickitat County, Washington. FERC found that, with conditions, the closed‑loop pumped storage project will add significant long‑duration capacity and flexibility to help integrate renewable resources in the Western grid.
FERC Upholds Application of SFV Rate Design to NGPA Section 311 Service
On December 18, 2025, FERC maintained that gas pipelines offering service under section 311 of the Natural Gas Policy Act (NGPA) that base their section 311 rates on state-approved rates must nonetheless comply with Straight-Fixed Variable (SFV) rate design or justify a departure from SFV. Specifically, FERC denied Matterhorn Express…
FERC Terminates Long-Pending Rulemaking and Policy Proceedings
On November 20, 2025, FERC terminated several long-pending rulemaking and policy dockets in an effort to provide “regulatory certainty.” Specifically, FERC closed RM22-20, RM18-10, RM20-7, and PL20-7.
RM22-20 proposed requiring that any entity communicating with FERC or other specified organizations related to a matter subject to FERC’s jurisdiction submit accurate…
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 Rescinds Regulation in Effort to Reduce Natural Gas Project Construction Delays
On October 7, 2025, FERC rescinded the regulation that precluded natural gas pipeline companies from receiving authorization to proceed with construction of their new projects during the period for filing requests for rehearing of certificate orders, or while rehearing is pending. In doing so, FERC stated that its rescission 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…