On December 6, 2017, FERC denied requests for rehearing of its prior order (“February Order”) authorizing Transcontinental Gas Pipe Line Company (“Transco”) to build and operate its Atlantic Sunrise Project.  A variety of protestors raised several claims in their requests for rehearing, including that the assessment of the public purpose and need of the project was incorrect and that the analysis regarding the project’s effect on climate change was inadequate.  FERC rejected all challenges to…

On December 1, 2017, FERC concluded that it has exclusive jurisdiction over the participation of energy efficiency resources (“EERs”) in wholesale electricity markets.  FERC also found that: (1) state or local regulators may not bar or restrict EER participation in wholesale electricity markets, unless given express authority to do so by FERC; and (2) FERC’s previous Order No. 719 on demand response may not be interpreted to permit a state or local regulator to exercise…

On November 30, 2017, FERC upheld its denial of Rover Pipeline, LLC’s (“Rover”) request for a blanket construction certificate—which would have allowed Rover to perform certain routine construction activities and operations—in connection with the Rover Pipeline Project.  FERC determined that it was not confident Rover would comply with the blanket construction certificate’s environmental requirements due to Rover’s demolition of a historic property along the project’s route during the certificate proceeding.  FERC also concluded that Rover…

On November 16, 2017, FERC denied requests for rehearing by various parties (“Petitioners”) and a request for rehearing and stay by the New York State Department of Environmental Conservation (“NYSDEC”) of FERC’s approval of Millennium Pipeline Company, L.L.C.’s (“Millennium”) Valley Lateral Project.  In doing so, FERC rejected Petitioners’ claims that (1) FERC’s National Environmental Policy Act (“NEPA”) analysis was inadequate, (2) Millennium had not demonstrated need for the project, and (3) FERC lacked jurisdiction to…

On November 3, 2017, FERC largely denied rehearing requests from a group of generation developers (“Generation Developers”) regarding the Midcontinent Independent System Operator, Inc.’s (“MISO”) revisions to its Generator Interconnection Procedures (“GIP”) and its pro forma Generator Interconnection Agreement (“GIA”).  With the exception of one issue, FERC otherwise rejected the Generation Developers requests that FERC reconsider prior MISO revisions regarding the efficiency and timeliness of MISO’s generator interconnection queue process contained in Attachment X of…

On November 2, 2017, the U.S. Senate confirmed the nominations of Kevin McIntyre and Richard Glick to join FERC.  McIntyre will serve as Chairman once he is officially sworn in.  Together, McIntyre and Glick will fill the five-member Commission board for the first time since October 2015.…