Four Key Predictions for FERC’s 2024 Electricity Agenda

Over the past few years, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the Department of Energy (“DOE”) have proposed many rules to support the Biden Administration’s push to build transmission infrastructure to ensure reliability and support new sources of generation.  Many of these rules are in the final stages of the rulemaking process, and we expect 2024 to be a significant year for orders on transmission infrastructure.  In particular, we expect that, in 2024, the Commission will likely issue: (1) an order on transmission siting; (2) an order that outlines a new return on equity (“ROE”) methodology at the same time as an order related to ROE incentives; (3) a rehearing order for Order No. 2023; and (4) an order on regional transmission planning and cost allocation.