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Articles by A. Cory Lankford
FERC Show Cause Orders Signal Broad Reform to Large Load Interconnection Policies | JD Supra
On June 18, 2026, the Federal Energy Regulatory Commission (FERC) issued show cause orders to each of the six FERC-jurisdictional Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to demonstrate that their transmission tariffs and related rules adequately address the interconnection of large loads - such as data centers - or to propose reforms.
FERC Confirms No Grace Period to Submit QF Recertifications: Ownership Changes Can Trigger Refund Exposure
In a recent order, the Federal Energy Regulatory Commission (FERC) confirmed its recent policy to require owners of qualifying small power production and cogeneration facilities (each, a QF) to immediately update their Form No. 556 QF self-certifications to reflect a material change, including with respect to upstream ownership.
FERC Grapples With Surging Reliability and Interconnection Demands From Data Centers | JD Supra
After years of relative stability, U.S. electricity demand is growing at a staggering rate, driven in large part by the rapid growth of data centers. According to the North American Electric Reliability Corporation (NERC), data center growth in several grid operator footprints is expected to exceed 120% by 2027, with demand growth “higher than at any point in the past two decades.” Regulatory bodies and grid operators are racing to respond.
NYISO and ISO-NE Prepare for Potential Import Tariffs on Electric Energy | JD Supra
On February 28, 2025, the New York Independent System Operator, Inc. (NYISO) and ISO New England, Inc. (ISO-NE) submitted proposed revisions to their respective wholesale market tariffs to the Federal Energy Regulatory Commission (FERC).
FERC Boosts Opportunities for Transmission Development with Approval of CAISO Subscriber Participating Transmission Owner Model | JD Supra
The Federal Energy Regulatory Commission (FERC) recently approved an innovative new method to help unlock merchant transmission development in the Western United States. The new subscriber participating transmission owner model (SPTO Model) from the California Independent System Operator (CAISO) will facilitate the development of new transmission lines to carry energy generated by renewable projects throughout the Western U.S. to load centers in California.
FERC Order No. 2023-A Provides Further Guidance on Interconnection Queue Reforms, Extends Compliance Deadline | JD Supra
As part of its continuing efforts to streamline the generator interconnection process and address the nationwide backlog of interconnection requests, the Federal Energy Regulatory Commission (FERC) has responded to requests for rehearing and clarification of its final rule on interconnection process reforms in Order No. 2023. In Order No. 2023-A, issued March 21, FERC reaffirms that reforms are needed and upholds the bulk of Order No. 2023.
FERC Finalizes Rule Adopting Interconnection Reforms | JD Supra
On July 28, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a long-anticipated final rule adopting reforms to streamline the generator interconnection process and address the nationwide backlog of interconnection requests that have delayed efforts to interconnect new generation to the grid.[1] Much of the backlog is comprised of new wind energy and solar projects, which have been incentivized by tax benefits provided in the Inflation Reduction Act.
FERC Approves PJM Interconnection Process Reforms to Address Backlog | JD Supra
On November 29, 2022, FERC issued an order[1] approving a proposal by PJM to reform its interconnection procedures to enable it to process new interconnection requests more efficiently.[2] The PJM reforms represent one of several proposed remedies by transmission providers and FERC to address significant delays and backlogs resulting from the influx of interconnection requests by renewable energy developers.
FERC Proposes Overhaul of Generator Interconnection Process to Address Queue Backlogs | JD Supra
On June 16, 2022, the Federal Energy Regulatory Commission issued a notice of proposed rulemaking (NOPR) to reform its standard large generator interconnection procedures and pro forma interconnectionagreement to address the growing backlog of interconnection requests.
FERC Opens Organized Markets to Distributed Energy Resources | JD Supra
At its September 17, 2020, meeting, the Federal Energy Regulatory Commission (“FERC”) issued a groundbreaking order that will enable aggregators of distributed energy resources (“DERs”) located on utility distribution systems or behind a customer meter, including small energy storage resources, to participate in organized wholesale electricity markets.
FERC Revisions to PURPA Rules Create Uncertainty For “Qualifying” Renewable and Cogeneration Projects | JD Supra
On July 16, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a final rule that largely adopts FERC’s proposed revisions to its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). Enacted in the late 1970s in response to the energy crisis, PURPA was intended to encourage the development of independent and renewable energy projects and reduce the electric industry’s reliance on traditional fossil fuels.
Executive Order Restraints on Sourcing of Power System Equipment Raise Challenges for Developers | JD Supra
I. Overview On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System” (“E.O. 13920”) to address what the Trump Administration considers to be national security threats to the U.S. bulk-power system. (See our prior client alert.) The order has engendered concern and confusion among participants in U.S. power project development, including sponsors, investors and equipment suppliers.
Trump Administration Issues Order to Restrain International Sourcing for U.S. Bulk-Power System; Initiates Related Section 232 Import Investigation | JD Supra
On May 1, 2020, the President issued Executive Order 13920, “Securing the United States Bulk-Power System (“E.O. 13920”),” to authorize restrictions on “bulk-power system electric equipment” if there is a connection to a “foreign adversary” that poses an “unacceptable risk to the national security of the United States,” or other risks to the U.S. economy or safety.
Major Reforms to FERC Market-Based Rate Program Include New Data Collection Requirements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FERC Order No 845 Reforms Generator Interconnection Process Advances Energy Storage | JD Supra
On April 19, 2018 the Federal Energy Regulatory Commission (FERC) adopted reforms to the procedures (LGIP) and pro forma agreement (LGIA) pursuant to which generators can interconnect with electric utility transmission grids. FERC's goal is to improve certainty for developers of electric generating and storage projects that interconnect to the interstate transmission grid, promote informed decisions about generator interconnection costs and timing, and enhance the interconnection process.
FERC Requires RTOs to Facilitate Energy Storage Project Participation in Organized Power Markets | JD Supra
On February 15, 2018 the Federal Energy Regulatory Commission issued a final rule directing regional transmission organizations and independent transmission system operators to revise their rules to facilitate the participation of “electric storage resources” in wholesale energy, capacity and ancillary services markets.
FERC Declares Tax Equity Investments Involving Specific Consent and Veto Rights Do Not Require Prior Authorization from FERC
The Federal Energy Regulatory Commission issued a declaratory order on October 4, 2017, confirming that the purchase and sale of passive tax equity interests in project companies or their upstream owners does not require prior authorization from FERC. The clarification is limited to tax equity investments where the consent and veto rights of the tax equity investor are limited to those reviewed by FERC in AES Creative Resources, L.P., et al. (AES Creative). 129 FERC ¶ 61,239 (2009).
FERC and Wholesale Market Stakeholders Prepare Responses to Proposed Rule on Grid Resiliency
On September 29, 2017, the Secretary of Energy submitted to the Federal Energy Regulatory Commission a notice of proposed rulemaking to support electric grid resiliency. The notice states that changes to wholesale market pricing rules are necessary to avoid premature retirements of coal and nuclear generation facilities.
FERC Steps Up Efforts to Support Integration of Energy Storage Technologies Into Wholesale Power Markets
As momentum builds for wide-scale development and deployment of electric energy storage technologies, the Federal Energy Regulatory Commission (FERC) has been taking a fresh look at how it can facilitate the integration of energy storage resources into wholesale electric markets. Advancements in energy storage technology and the ability of these resources to improve grid reliability and efficiency have been the primary drivers of FERC’s initiatives.
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