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Washington Energy Report

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By: Troutman Pepper Hamilton Sanders LLP

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Troutman Pepper
Daniel Anziska
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Alex Spratley
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Dixon Wallace
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Latest from Washington Energy Report

Washington Energy Report

FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff

By Sahara Shrestha & Jill Drum
May 8, 2025

On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business Practice Manual for Reliability Requirements (“Business Practice Manual”) must be included in CAISO’s tariff under the “rule of reason,” as the provision significantly…

Washington Energy Report

FERC Approves Uncontested Rate Case Settlements in 2024 Rate Cases Filed by Algonquin Gas Transmission and Maritimes & Northeast Pipeline

By Ben Duwve & S. Jennifer Panahi
May 8, 2025

On April 25, 2025, FERC approved two uncontested stipulation and agreements that propose to settle the Natural Gas Act (“NGA”) section 4 general rate cases filed on May 30, 2024, by two interconnected pipelines, Algonquin Gas Transmission, LLC (“Algonquin”) and Maritimes & Northeast Pipeline, L.L.C. (“Maritimes”). Both settlements established a 13.5% return on equity (“ROE”)…

Washington Energy Report

FERC Denies NGO Transmission, Inc.’s Application to Abandon Jurisdictional Facilities

By Alex Spratley & Antonia Douglas
May 8, 2025

On April 24, 2025, FERC denied NGO Transmission, Inc.’s (“NGO Transmission”) application under 7(b) of the Natural Gas Act (“NGA”) to abandon its jurisdictional facilities and reclassify them from jurisdictional transmission facilities to non-jurisdictional local distribution facilities. FERC concluded that NGO Transmission’s facilities do not directly serve end-use customers in a manner consistent with local…

Washington Energy Report

Order No. 1920-B Affirms FERC’s Long-Term Transmission Planning and Cost Allocation Rule

By Sahara Shrestha, Ben Duwve & S. Jennifer Panahi
April 23, 2025

On April 11, 2025, FERC issued Order No. 1920-B, which clarified and maintained key requirements from Order No. 1920-A regarding long-term transmission planning and cost allocation. FERC clarified that transmission providers are not obligated to plan for the long-term needs of unenrolled non-jurisdictional transmission providers, but voluntary arrangements are allowed. The order also upheld the…

Washington Energy Report

President Trump Signs Executive Order Aimed at Enhancing U.S. Electric Grid Reliability and Security

By Antonia Douglas
April 23, 2025

On April 8, 2025, President Donald Trump issued the Strengthening the Reliability and Security of the U.S. Electric Grid executive order aimed at ensuring adequate and reliable electric generation in the U.S., meeting growing electricity demand being driven by technological advancements (e.g., data centers), and addressing the national energy emergency declared on January 20, 2025.…

Washington Energy Report

FERC Again Rejects Co-Located Load Increase Proposal at Nuclear Facility

By Alex Spratley & Jill Drum
April 23, 2025

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…

Washington Energy Report

What’s the Buzz in the Battery World With Roger Miksad, BCI

By Daniel Anziska & William R. Derasmo
April 22, 2025

In this episode, guest host Dan Anziska joins host Bill Derasmo for a conversation with Roger Miksad, president and executive director of Battery Council International (BCI). Miksad shares the history of BCI and explores its evolving role in the North American battery industry. This special episode covers key topics, including battery recycling, supply chain challenges,…

Washington Energy Report

FERC Grants and Denies in Part Basin Electric’s Transmission Incentive Petition

By Ben Duwve & Jill Drum
April 9, 2025

On March 31, 2025, FERC granted in part and denied in part Basin Electric Power Cooperative’s (Basin Electric) petition for declaratory order seeking transmission incentives for the Roundup-Kummer Ridge Project, the Tande-Finstad-Leland Olds Project (LOS-Tande Project), and the NE Williston-Folvag 115 kV-Judson-East Fork-Tande Project (Springbrook Project) (collectively, “Projects”). FERC granted the Hypothetical Capital Structure Incentive and…

Washington Energy Report

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of Two New Natural Gas Pipelines

By Alex Spratley & S. Jennifer Panahi
April 9, 2025

On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to Driftwood Pipeline LLC (Driftwood) to construct two new natural gas pipelines (the “Project”) in southwestern Louisiana on grounds that FERC’s…

Washington Energy Report

FERC Accepts SPP’s Tariff Revisions Regarding Distribution of Make-Whole Payments for Self-Committed Resources

By Quintessa Davis & Antonia Douglas
April 9, 2025

On March 27, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) tariff revisions to remove the opportunity for resources that self-commit during the Reliability Unit Commitment Process (RUC) to avoid contributing to RUC system-wide make-whole payments. In doing so, FERC found the revisions are consistent with cost causation principles.…

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