On July 11, 2025, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued an opinion in Pacific Gas & Electric Company v. FERC, addressing a challenge by Pacific Gas & Electric Company (“PG&E”), Southern California Edison, and
Washington Energy Report
The Washington Energy Report, published by Troutman Pepper Locke, focuses on regulatory developments and enforcement actions related to energy markets and infrastructure. It covers Federal Energy Regulatory Commission (FERC) decisions on transmission tariffs, demand resource testing, pipeline price indices, and generator interconnection processes. The blog also addresses FERC rulemakings, policy proceedings, and litigation involving market manipulation and tariff compliance. Topics include regulatory certainty initiatives, enforcement proceedings, and procedural updates affecting oil pipelines, electricity markets, and natural gas infrastructure. The content is relevant for stakeholders in energy regulation, market operations, and compliance within the U.S. energy sector.
Latest from Washington Energy Report - Page 10
FERC Launches FPA 206 Investigation to Assess Necessity of the WECC Soft Price Cap
By Ben Duwve & Antonia Douglas
On July 15, 2025, FERC initiated an investigation, pursuant to section 206 of the Federal Power Act (“FPA”), to assess whether the Western Electricity Coordinating Council’s (“WECC”) soft price cap on spot market energy sales should be eliminated. FERC preliminarily…
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…
On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions
On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (PJM) proposal to revise its Capacity Performance Quantifiable Risk (CPQR) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor (Market Monitor) filed requests for rehearing, arguing that PJM’s tariff…
FERC Accepts SPP’s Revisions to Its Western Energy Imbalance Tariff Incorporating a Reliability-Based Market Hold Settlement Mechanism
On June 20, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) revisions to its Western Energy Imbalance Service (WEIS) tariff to allow a participating balancing authority to initiate a market hold due to reliability concerns and to specify how SPP…
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…
FERC Reaffirms MISO Interconnection Queue Cap on Rehearing
On May 27, 2025, FERC addressed arguments raised on rehearing of a January 30, 2025 order, which accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to modify its generator interconnection study process by implementing a queue cap and exemptions…
Fifth Circuit Finds ANR Pipeline’s Tariff Does Not Require Simultaneous Delivery for Short-Notice Shipments
By Sahara Shrestha & Jill Drum
On May 22, 2025, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed a dispute between ANR Pipeline Company (“ANR”) and FERC. The case centered on the interpretation of ANR’s tariff and whether it required shippers to…
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…
One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA
On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the National Environmental Policy Act (NEPA). Justice Brett Kavanaugh,…