FERC Proposes Rule to Help Get Clean Energy to the Grid Faster
On June 16, 2022, the Federal Energy Regulatory Commission (“FERC”) released the pre-publication version of its notice of proposed rulemaking pursuant to section 206 of the Federal Power Act to revise its regulations governing pro forma interconnection procedures and agreements (“Proposed Rule”). Docket No. RM22-14-000. According to FERC, the Proposed Rule would reduce interconnection queue backlogs; increase certainty; and ensure that the generator interconnection process is just and reasonable and not unduly discriminatory or preferential.
Among others, the Proposed Rule would make the following changes:
Implement a first-ready, first-served cluster study process through which transmission providers would complete interconnection studies addressing numerous proposed generating facilities, as opposed to completing separate individual studies for each generating facility.
Improve the interconnection queue processing speed by (1) imposing strict deadlines and setting penalties for transmission providers that fail to complete interconnection studies on time, and (2) simplifying the process of studying interconnection requests related to the same state-authorized or mandated resource solicitation.
Allowing more than one resource to co-locate on a shared site behind a single point of interconnection and share a single interconnection request, and, in some instances, permitting interconnection customers to add a generating facility to an existing interconnection request without losing their queue position.
If finalized, the Proposed Rule should help the more than 1,400 gigawatts of energy waiting (the majority of which is solar power, wind power, and battery storage) to interconnect. Comments on the Proposed Rule are due within 100 days of it being published in the Federal Register; reply comments are due 30 days later.
If you have any questions about the Proposed Rule, please contact Jared Wigginton at jared@goodstewardlegal.com.
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