Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on July 24, 2025, pursuant to the sunshine notice released on July 17, 2025.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate
Update on Commissioner Nomination: On July 16, 2025, President Donald Trump nominated David LaCerte to be a FERC commissioner for the remainder of a term expiring June 30, 2026.1 The White House submitted the nomination to the U.S. Senate and, if approved along with the pending nomination of Laura Swett,2 the composition of FERC commissioners will shift 3-to-2 in favor of Republicans. It is possible — although not yet formally announced — that the Trump administration intends for LaCerte to assume the role of chair (following Mark Christie, whose term expired in June).
LaCerte currently serves as the principal liaison to the White House for the Office of Personnel Management. Previously, he served with the U.S. Chemical Safety and Hazard Investigation Board as well as the Louisiana Department of Veterans Affairs. Prior to his stint in government, LaCerte was in private practice at the law firm Baker Botts, specializing in environmental safety and incident response litigation.
The confirmation process may vary with respect to timing: first, the nomination will go before the Senate Energy and Natural Resources Committee and then would move to the full Senate for a final approval vote. In recent years, nominations have taken months to move forward through those procedural steps, and given the upcoming August recess for the Senate, it may be multiple months until such votes are convened for this appointment.
Electric
E-1 – Reliability Standards for Frequency and Voltage Protection Settings and Ride-Through for Inverter-Based Resources (Docket No. RM25-3-000). On November 4, 2024, the North American Electric Reliability Corporation (NERC) submitted two proposed Reliability Standards and one proposed definition, pursuant to Section 215(d)(1) of the Federal Power Act (FPA). NERC requested Commission approval for proposed Reliability Standard PRC-029-1 (Frequency and Voltage Ride-through Requirements for Inverter-based Generating Resources), Reliability Standard PRC-024-4 (Frequency and Voltage Protection Settings for Synchronous Generators, Type 1 and 2 Wind Plants, and Synchronous Condensers), and proposed Reliability Standard PRC-030-1 (Unexpected Inverter-Based Resource Event Mitigation). NERC also requested approval to include the definition of the term "Ride-through" for inclusion in the Glossary of Terms used in NERC Reliability Standards. Inverter-Based Resources (IBRs) are typically plants or facilities comprised of solar photovoltaic, wind, battery energy storage systems, and fuel cell devices. During prior instances, NERC reported that a widespread loss of IBR generation has abnormally tripped, ceased current injection, or reduced power output with control interactions, resulting in a loss of connectivity with grid operations. According to NERC, the proposed Reliability Standards would improve the reliability of the bulk power system (BPS) by establishing voltage and frequency ride-through criteria for the registered Generator Owners of Inverter-Based Resources to continue to inject current and perform voltage support during potential disturbance events to the BPS. NERC alluded to the issuance of Order No. 901 in 2023, whereby the Commission directed NERC to submit new or revised Reliability Standards with respect to these requirements. A number of stakeholders and industry participants filed comments on the proposed Reliability Standards. On April 18, 2025, NERC filed a reply to the substantive issues raised in those comments, including but not limited to a clarification with respect to the exemptions granted to existing IBRs (that are unable to meet performance requirements due to legacy equipment) of proposed Reliability Standard PRC-029-1 as well as how the IBR Ride-through requirements account for the technical operational differences between IBRs and synchronous generators. Agenda item E-1 may be an order on the proposed Reliability Standards.
E-2 – PJM Interconnection, L.L.C. (Docket Nos. ER24-2045-000, ER24-2045-002). On May 16, 2024, PJM Interconnection, L.L.C. (PJM) submitted its initial compliance filing with respect to Order Nos. 2023 and 2023-A. On June 20, 2024, Longroad Energy Holdings, LLC (Longroad) filed a motion to intervene and protest in response to PJM's compliance filing, arguing that PJM's request to not accept surety bonds at all in the cluster study process should be rejected because surety bonds are typically structured and without conditions that undermine their use as financial security. On the same day, various parties submitted seven separate protests in response to PJM's compliance filing, arguing that PJM failed to meet the requirements of the Commission's Order No. 2023 and lacked adequate justification for a deviation under the independent entity variation. The protesters include: (1) EDP Renewables North America LLC (EDPR); (2) New Jersey Board of Public Utilities; (3) Environmental Law and Policy Center, Illinois Citizens Utility Board, Sierra Club, Natural Resources Defense Council, Penn Future, Union of Concerned Scientists, and Sustainable FERC Project (collectively Public Interest Organizations); (4) Shell Energy North America (US), L.P., Shell New Energies US, LLC, and Savion, LLC (collectively Shell Companies); (5) the American Clean Power Association, Advanced Energy United, and the Solar Energy Industries Association (collectively, the Clean Energy Associations); (6) the WATT Coalition; and (7) Leeward Renewable Energy, LLC (Leeward) and RWE Clean Energy, LLC (RWE). On the same day, EDFR filed comments in response to PJM's Open Access Transmission Tariff (OATT) filing submitted with its initial compliance filing, identifying three issues with PJM's proposal and recommending changes PJM could make to meet the requirements without slowing their reform efforts. On July 12, 2024, PJM submitted a Motion for Leave to Answer and Answer in response to the numerous protests and comment, arguing its OATT already substantially complies with the Commission's requirements and that changing its interconnection process reforms midway would be counterproductive and disruptive. On July 26, 2024, EDFR submitted a Motion for Leave to Reply and Reply Comments in response to PJM's Motion for Leave to Answer and Answer, restating that PJM should adopt the changes proposed by EDFR to be consistent with Order No. 2023's requirements. On July 29, 2024, Longroad submitted a Motion for Leave to Answer and Answer in response to PJM's answer to Longroad's protest to restate their position that PJM's proposal to not accept surety bonds in the interconnection process should be rejected. On July 31, 2024, the Commission issued a Deficiency Letter in response to PJM's May 16 compliance filing requesting additional information. On August 12, 2024, PJM filed a Motion for Leave to Answer and Answer to EDFR's Motion for Leave to Reply and Reply Comments, stating that EDFR's proposed changes are meritless and could not be implemented "without adversely impacting PJM's ability to achieve the objectives of its interconnection process reforms." On October 29, 2024, PJM submitted its response to the Commission's July 31st deficiency letter. On November 19, 2024, various parties submitted protests of PJM's compliance order and its response to the Commission's deficiency letter, stating PJM fails to substantiate its request for numerous deviations under the independent entity standard. The various protesters include: (1) the Clean Energy Associations; (2) Public Interest Organizations; and (3) the Shell Companies. On December 4, 2024, PJM submitted another Motion for Leave to Answer and Answer to the protests filed by various parties on November 19, 2024. On December 26, 2024, Swift Current Energy, LLC (Swift Current) submitted a Motion for Leave to Answer and Answer in response to PJM's motion, stating that PJM's responses and answers have failed to justify its request for an independent entity variation. Agenda item E-2 may be a ruling on PJM's compliance filing.
E-3 – Salsa Solar Energy, LLC and Towner Wind Energy III LLC v. Public Service Company of Colorado (Docket No. EL24-50-001). On March 24, 2025, Salsa Solar Energy, LLC and Towner Wind Energy III LLC (Invenergy) submitted a request for rehearing of the Commission's order denying their complaint alleging that the Public Service Company of Colorado (PSCo) is violating the Federal Power Act, PSCO's Open Access Transmission Tariff, and Commission precedent by unlawfully hoarding capacity on the Colorado Power Pathway. On the same day, CORE Electric Cooperative (CORE) also submitted a request for rehearing of the same order, arguing the Commission should find that native load priority does not allow PSCo to reserve transmission capacity on the CPP for undesignated network resources to serve existing native load ahead of the Complainants' higher queued network resources. On April 22, 2025, Excel Energy Services Inc. (Xcel Energy), on behalf of PSCO, submitted a Motion for Leave to Answer and Answer in response to Invenergy and CORE's March 24 requests for rehearing, arguing the parties have not raised any new arguments and the Commission should dismiss the requests for the same reasons it dismissed the complaint. On May 9, 2025, Invenergy submitted a Motion for Leave to Answer and Answer in response to Excel Energy and PSCO's motion, arguing it is procedurally barred under Commission Rule 713(d). Agenda item E-3 may be a ruling on the requests for rehearing filed by Invenergy and CORE.
E-4 – North Hills Wind Project, LLC (Docket No. ER25-2320-000). On May 27, 2025, North Hills Wind Project LLC (North Hills) filed a petition for a limited, prospective waiver of the limit on extensions to the Commercial Operation Date for the J898 project, a 180 MW wind generation facility that will interconnect with transmission facilities owned by Dairyland within the MISO market. According to the MISO tariff and the Generator Interconnection Agreement (GIA), MISO must terminate the project if it is not commercially operable by December 31, 2026. North Hills requested to extend this deadline by 18 months to June 1, 2028, due to "delays outside of the Project's control," including interconnection process study delays and COVID-19 related supply chain challenges. These delays have forced North Hills to seek renewed determinations of no hazard from the FAA. MISO supports the request for an extension and Dairyland, the transmission owner, does not oppose it. North Hills requested a decision on its waiver petition by July 26, 2025. Agenda item E-4 may be an order on the petition for waiver.
E-5 – Florida Power & Light Co. (Docket No. ER24-1156-002). On January 31, 2024, Florida Power & Light Co. (FPL) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to proposed amendments to the FPL Open Access Transmission Tariff (OATT). FPL submitted proposed revisions to the Large Generator Interconnection Procedures, Large Generator Interconnection Agreement, Small Generator Interconnection Procedures, and Small Generator Interconnection Agreement. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance deadline to May 16, 2024. These revisions are intended to correct typographical and formatting errors and bring FPL's initial compliance filing from January 31, 2024, into conformity with Order No. 2023-A. Agenda item E-5 may be an order on the Order No. 2023 compliance filing by FPL.
Gas
G-1 – TransCanada Keystone Pipeline, LP (Docket Nos. IS20-108-004, IS21-133-001), Husky US Marketing LLC and Phillips 66 Company v. TransCanada Keystone Pipeline, LP (Docket No. OR21-1-001) (consolidated). This consolidated proceeding involves a contract dispute between TransCanada Keystone Pipeline, LP (TransCanada Keystone), on the one hand, and its customers Husky US Marketing LLC (Husky) and Phillips 66 Company (P66, and together with Husky, the Joint Customers). On November 29, 2019, TransCanada Keystone filed Tariff No. 6.47.0 in Docket No. IS20-108-000, reflecting certain revisions to the Variable Rates with certain committed shippers, effective January 1, 2020, for service over the U.S. portion of the Keystone System, in accordance with the terms of TSAs. On December 16, 2019, four committed shippers on the Keystone System – including the Joint Customers – filed protests challenging TransCanada Keystone's revised Variable Rates for 2020 in Docket No. IS20-108-000 (2020 Protests). On December 30, 2019, the Commission accepted and suspended the 2020 Tariff Filing, subject to refund, and set the matter for hearing and settlement judge procedures. On October 9, 2020, Joint Customers filed a joint complaint in Docket No. OR21-1-000, challenging TransCanada Keystone's committed Variable rates for the previous two years. On December 1, 2020, TransCanada Keystone filed Tariff No. 6.59.0 in Docket No. IS21-133-000, reflecting certain revisions to the Variable Rates with the Term Shippers, effective January 1, 2021, for service over the U.S. portion of the Keystone System, in accordance with the terms of the transportation service agreements (TSA) thereon. On December 16, 2020, Joint Customers filed protests and motions to intervene in Docket No. IS21-133-000 (2021 Protest), and moved to consolidate that docket with Docket Nos. IS20-108-000, OR21-1-000, and OR21-2-000, and, on December 30, 2020, the proceedings were consolidated by the Commission.
A hearing was held in June and July 2022, resulting in an Initial Decision being issued by the ALJ presiding over the consolidated proceedings on February 16, 2023. The Initial Decision found that there was no precedent under which the Commission applied the laws of a foreign jurisdiction. TransCanada Keystone and Joint Customers filed Briefs on Exceptions on March 20, 2023. TransCanada Keystone, Joint Customers, and Trial Staff filed Briefs Opposing Exceptions on April 10, 2023. On July 19, 2023, Joint Customers submitted a Motion to Lodge the Root Cause Failure Analysis and U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Amended Corrective Action Order related to Keystone's Milepost 14 Crude Oil Release Incident. On July 25, 2024, the Commission issued an order on initial decision (Opinion No. 590), affirming the Initial Decision in part, reversing the Initial Decision in part, and directing TransCanada Keystone to submit a compliance filing within 45 days. Notably, the Commission reversed the Initial Decision by finding that Canadian law shall apply to construe the TSAs in the proceeding.
On August 23, 2024, TransCanada Keystone filed an unopposed motion to extend the compliance deadline, citing the breadth and depth of analysis and recalculation required, per the directives in the Order on Initial Decision. On August 28, 2024, the Commission granted the motion. On October 8, 2024, TransCanada Keystone submitted the compliance filing, detailing the following: recalculation of variable rates for the treatment of General Plant Maintenance Costs, the amortization of Non-Routine Adjustment Costs, and the cost allocation between TransCanada Keystone and its affiliate Marketlink; the calculated estimated reparations and refunds for Joint Customers; and the calculated estimated refunds for all other committed shippers for the period of January 1, 2020 through December 31, 2021. Agenda item G-1 may be an order on the compliance filing.
Hydro
H-1 – Stirling T. Hebenstreit (Docket No. P-15320-001). On September 13, 2023, Stirling T. Hebenstreit (Applicant) submitted an application for a preliminary permit, pursuant to Part I of the Federal Power Act (FPA), for the proposed Hydrokinetics Energy Production from Deep Ocean Pressure waterpower project to be located in Pierce County, Washington. On October 26, 2023, the Commission issued a deficiency letter requesting supplemental information in order to evaluate the preliminary permit application. On January 17, 2024, the Commission issued a letter order rejecting the preliminary permit application. On June 24, 2024, Applicant submitted a new application for a preliminary permit. On September 18, 2024 and December 18, 2024, respectively, the Commission issued deficiency letters requesting supplemental information; Applicant filed responses on October 16, 2024 and January 13, 2025. On May 12, 2025, the US Department of the Interior filed comments, stating that various resource and Tribal agencies will need to review trust resources at risk if construction activities were to commence for the project. Agenda item H-1 may be an order on the preliminary permit application.
H-2 – Lock +™ Hydro Friends Fund XLII, LLC (Docket No. P-13739-007). On February 7, 2025, Lock +™ Hydro Friends Fund XLII, LLC (Hydro Friends) filed a request for stay of commencement and completion of construction deadlines, pursuant to Article 301 of the project license, for the Braddock Locks and Dam Hydroelectric Project. The Commission originally granted the license to Hydro Friends on June 4, 2015, which required that construction must be commenced within two years of issuance and completed within five years (2017 and 2020, respectively). Hydro Friends previously petitioned the Commission to extend those deadlines, by which the current (and final) deadlines are June 4, 2025 and June 4, 2028, respectively. However, in the request for stay, Hydro Friends stated that, due to delays outside of its control, those deadlines would be breached again, and that the Commission is not authorized under the FPA to grant further extensions. Accordingly, Hydro Friends requested a four-year stay of the deadline to commence construction (until June 4, 2029) and to complete construction by three years afterward. On July 17, 2025, Hydro Friends submitted a request for expedited approval of the request for stay. Agenda item H-2 may be an order on the request for stay of commencement and completion of construction deadlines.
H-3 – Tennessee Valley Authority (Docket No. ZZ25-8-000). On March 21, 2025, the Tennessee Valley Authority (TVA) submitted a request for certification, pursuant to 26 U.S.C. § 45(c)(8)(b)(i), for energy efficiency upgrades at its Cherokee hydropower facility, which is not under Commission jurisdiction. In accordance with the Inflation Reduction Act of 2022 — which extended Section 48 of the Internal Revenue Code investment tax credits for qualified hydropower that begin construction before 2025, and with Commission guidance "Renewable Energy Production Tax Credit: Instructions for Requesting Certification of Incremental Hydropower Production Pursuant to the Energy Policy Act of 2005" — TVA furnished the calculations and documentation for its efficiency and power upgrade of the Cherokee facility. According to TVA, the upgrade was completed and placed back into service on April 15, 2024. TVA stated that, in order to claim the tax credit, it will need to submit a return with the Internal Revenue Service before August 15, 2025. Agenda item H-3 may be an order on the request for clarification.
Certificates
C-1 – El Paso Natural Gas Company, L.L.C. (Docket No. CP24-520-000). On September 17, 2024, El Paso Natural Gas Company, L.L.C. (EPNG) submitted a prior notice request for authorization, pursuant to Sections 157.205, 157.208(b), 157.210 of the regulations of the Commission under the Natural Gas Act (NGA), for the Maricopa Lateral Expansion project. EPNG stated that the project will involve the construction, installation, and operation of a new compressor station and appurtenances. A number of parties and stakeholders filed comments and protests, generally contending that the project would generate night-time lighting impacts, that EPNG did not adequately provide notice to landowners and the community, and other environmental and noise concerns associated with the construction of the proposed facilities. On October 24, 2024, the Commission issued a letter requesting additional information in order to assist with the environmental review. On November 5, 2024, EPNG filed its response to the data request. The Commission issued a subsequent data request on December 5, 2024, to which EPNG submitted its response on December 17, 2024. On March 28, 2025, the Commission issued the Environmental Assessment, finding that approval of the project would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-1 may be an order on the prior notice request.
C-2 – Tennessee Gas Pipeline Company, L.L.C. (Docket No. CP24-529-000). On September 30, 2024, Tennessee Gas Pipeline Company, L.L.C. (TGPC) submitted an abbreviated application for authorization for abandonment of pipeline facilities, pursuant to Section 7(b) of the NGA and Part 157 of the Regulations of the Commission, in order to permit and approve the abandonment in place and by removal a portion of the mainline TGPC pipeline located in Louisiana. In the abbreviated application, TGPC stated that the pipeline facilities are no longer needed to support the current or future needs of shippers and, due to the age of the facilities, have substantial maintenance demands. A number of parties and stakeholders filed comments and protests. In total, the Commission issued five respective information requests in order to assist with the environmental review; TGPC filed responses to each environmental information request in a timely manner. On May 2, 2025, the Commission issued the Environmental Assessment, finding that approval of the project would not constitute a major federal action significantly affecting the quality of the human environment. On June 3, 2025 and June 10, 2025, respectively, the Commission issued additional environmental information requests; TGPC filed responses to each in a timely manner. Agenda item C-2 may be an order on the abandonment application.
C-3 – Black Bayou Gas Storage, LLC (Docket No. CP24-494-000). On July 17, 2024, Black Bayou Gas Storage, LLC (Black Bayou) submitted an abbreviated application for a certificate of public convenience and necessity (CPCN), blanket certificates, and approval of market-based rates, pursuant to Section 7(c) of the NGA and Parts 157, 284, and 380 of the Regulations of the Commission. Black Bayou requested authorization to construct, own, operate, and maintain a salt dome natural gas storage project on the Black Bayou salt dome located in Louisiana as well as the requisite blanket certificates to provide open-access firm and interruptible interstate natural gas storage and storage-related services. A number of parties and stakeholders filed comments and protests. In total, the Commission issued six respective information requests in order to assist with the environmental review; Black Bayou filed responses to each environmental information request in a timely manner. On April 18, 2025, the Commission issued the Environmental Assessment, finding that approval of the project would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-3 may be an order on the CPCN application.
1 PN416-7 - Nomination of David LaCerte for Federal Energy Regulatory Commission, 119th Congress (2025-2026) | Congress.gov | Library of Congress
2 PN246-15 - Nomination of Laura Swett for Federal Energy Regulatory Commission, 119th Congress (2025-2026) | Congress.gov | Library of Congress
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