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
FERC News
FERC Demands More Detail from SPP Regarding its Plan to Unwind Attachment Z2 Upgrade Charges
In the latest chapter in a long-running saga dealing with certain credits for transmission upgrades in the Southwest Power Pool (SPP), on September 18, 2025, FERC directed SPP to submit a compliance filing addressing certain aspects of SPP’s proposed plan (Refund Plan) for unwinding credit payment obligations assessed by SPP.
FERC Reauthorizes Transco’s Northeast Pipeline Project
On August 28, 2025, FERC reauthorized Transcontinental Gas Pipe Line Company, LLC’s (Transco) Northeast Supply Enhancement Project (NESE) to deliver natural gas supply to the Northeast, including the New York City area. FERC previously issued a certificate of public convenience and necessity (CPCN) for NESE in 2019, but Transco let…
D.C. Circuit Upholds PJM’s $12 Million Nonperformance Penalties Against Energy Harbor for Failing to Perform When Called Upon During December 2022 Winter Storm
On July 11, 2025, the D.C. Circuit upheld PJM Interconnection L.L.C.’s (“PJM”) assessment of $12 million in penalties against Energy Harbor, LLC (“Energy Harbor”) for failing to perform when called upon by PJM during a major winter storm in December 2022. The D.C. Circuit held that PJM-approved maintenance at Energy Harbor’s coal-fired generation facility, the W.H. Sammis Plant (“Sammis Plant”), was not the sole cause of the Sammis Plant’s nonperformance, and therefore Energy Harbor was not excepted from penalties under PJM’s Open Access Transmission Tariff (“OATT”).
FERC Temporarily Raises Cost Limits for Blanket Certificate Pipeline Projects to $61.65 Million
On June 18, 2025, FERC temporarily raised the cost limits for blanket certificate natural gas pipeline projects constructed and placed into service by May 31, 2027, from $41 million to $61.65 million. Citing what it called a pressing nationwide near-term demand for expanded natural gas transportation capacity and reliability concerns…
FERC Affirms Authorizations for Venture Global’s LNG Export Terminal and Pipeline
On May 23, 2025, FERC upheld on rehearing its prior orders authorizing Venture Global CP2 LNG, LLC to build a new liquified natural gas (“LNG”) export terminal (“CP2 LNG Terminal”) and granting Venture Global CP Express, LLC (together, with Venture Global CP2 LNG, LLC, “Venture Global”) a certificate of public convenience and necessity (“CPCN”) to construct and operate a new natural gas pipeline (“CP Express Pipeline,” together, with the CP2 LNG Terminal, the “Projects”) to connect the CP2 LNG Terminal to the existing natural gas pipeline grid (“May 23 Rehearing Order”). In its May 23 Rehearing Order, FERC continued to find that the Projects are environmentally acceptable actions and not inconsistent with the public interest.
FERC Again Rejects Co-Located Load Increase Proposal at Nuclear Facility
On April 10, 2025, FERC addressed arguments on rehearing that clarified, but did not modify the outcome of, a November 1, 2024, order (“Rejection Order”) rejecting PJM Interconnection, L.L.C.’s (“PJM”) proposal to increase the co-located data center load at a Susquehanna Nuclear, LLC (“Susquehanna”) nuclear generating facility. FERC again found that PJM’s amended Interconnection Service Agreement’s (“ISA”) non-conforming provisions were not necessary deviations from the pro forma ISA. However, FERC did clarify that the Rejection Order did not prevent other entities from filing non-conforming ISAs to address issues relating to co-located data center load.
FERC Grants BP Energy’s Complaint Appealing CAISO Meter Data Reporting Penalty
On February 27, 2025, FERC granted a complaint filed by BP Energy Retail Company California LLC (“BP Energy” or “Company”) under sections 206 and 306 of the Federal Power Act appealing a penalty the California Independent System Operator Corporation (“CAISO”) assessed against BP Energy under a section of CAISO’s Open…
FERC Denies Great Basin Transmission’s Request for Transmission Rate Incentives
On February 20, 2025, FERC denied Great Basin Transmission, LLC’s (“Great Basin”) request for two transmission incentives for Great Basin’s Southwest Intertie Project-North Transmission Line and associated upgrades to Great Basin’s existing One Nevada Transmission Line (together, the “Project”). FERC found that Great Basin did not demonstrate that the Project…
FERC Reinstates Authorization for Transco Pipeline Expansion Project
On January 24, 2025, FERC reinstated a certificate of public convenience and necessity (“CPCN”) for Transcontinental Gas Pipe Line Company’s (“Transco”) Regional Energy Access Expansion Project (“Project”) after the D.C. Circuit vacated and remanded FERC’s initial order certificating the Project (“Certificate Order”).
In January 2023, FERC granted Transco a CPCN…