Background Information
FERC Authority
Federal Energy Regulatory Commission (FERC) decisions can affect the reliability, affordability, and accessibility of energy for households, businesses, and communities. FERC has statutory authority from Congress to regulate certain parts of the energy industry and develops regulations to implement this authority.
FERC develops or amends regulations through a process called rulemaking. FERC can begin the rulemaking process on its own, or members of the public can ask FERC to begin the rulemaking process by filing a Petition for Rulemaking. Prior to issuing final rules, FERC conducts the rulemaking process that includes steps for public input and engagement, such as opening public comment periods and conducting Tribal consultation.
You can access more information in OPP's navigating the rulemaking process explainer.
Interconnection Reforms
On July 28, 2023, FERC issued a final rule—Order No. 2023—to reform procedures and agreements that bring new generating facilities into the existing transmission system, sometimes referred to as interconnection to the “electric grid” or “grid." FERC created this rule to address the large number of generating facilities waiting to interconnect to the transmission system which have resulted in severe interconnection delays and backlogs across the country.
Order No. 2023 included measures to reduce the number of projects that begin the interconnection process but will not likely be built, which can cause delays and sometimes increase costs for others – sometimes referred to as “speculative” interconnection requests. These measures include: (1) requirements to submit financial security in the form of commercial readiness deposits at the beginning of each of four steps in the process; and (2) mandating withdrawal penalties if the withdrawal of an interconnection customer has a material impact on the cost or timing of other interconnection requests. These greater financial requirements were meant to improve certainty and enable viable projects to move more quickly through the interconnection process.
You can access more information on the interconnection in OPP’s explainer on FERC’s interconnection final rule.
The Petition
Interconnection and Tribal Energy Projects
On August 9, 2024, Alliance for Tribal Clean Energy (ATCE), a non-profit organization that supports Tribes in energy development, requested FERC to address possible barriers for Tribal energy development in Order No. 2023.
ATCE’s Petition for Rulemaking requests FERC to review the process for how power plants are interconnected to the electric grid. Specifically, ATCE asks that Tribal Nations be exempt from submission of the first three commercial readiness deposits and a portion of the withdrawal penalties. ATCE claims that these requirements are unnecessary because Tribal Nations are not submitting speculative interconnection requests.
ATCE also claims that Tribal Nations face unique and unreasonably burdensome challenges to providing high levels of financial security. Thus, ATCE has asked FERC to start a new rulemaking proceeding to revisit rules about the impacts of financial requirements for Tribal Nations, including the commercial readiness deposit and withdrawal penalty framework.
Participation Opportunities
FERC issued a Notice of Petition for Rulemaking under Docket No. RM24-9-000 and is asking for input through filed comments by 5:00 p.m. EDT on November 4, 2024.
There are two methods you can use to submit your comments to FERC.
1. eFiling
You can file your comments electronically by using the eFiling feature in FERC Online. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making. A comment on a particular project is considered a “Comment on a Filing.”
2. File a paper copy
You can file a paper copy of your comments by mailing them to FERC. Be sure to reference the Docket No. RM24-9-000 on your letter. Submissions sent via the U.S. Postal Service must be addressed to:
Debbie-Anne A. Reese, Acting Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room 1A
Washington, DC 20426
Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Acting Secretary
Federal Energy Regulatory Commission
12225 Wilkins Avenue
Rockville, Maryland 20852
Outcomes of a Petition for Rulemaking
There are three possible outcomes that could occur from a Petition for Rulemaking.
- FERC could start the Rulemaking process by issuing a Notice of a Proposed Rulemaking
- FERC could open a Technical Conference to discuss the topics raised in the Petition for Rulemaking and related comments submitted by Tribes, industry, the public, and other FERC constituents, such as non-profits or non-government advocacy organizations.
- No action. The process could end with FERC receiving the Petition for Rulemaking.
If you would like to know more about this case and how you can participate, please reach out to us and we can help.
- Email: OPP@FERC.gov
- Phone Number: 202-502-6595
Resources
Guides on Public Participation
Educational Videos
- Learn to eFile, eComment, and eSubscribe
- How to File an Intervention Using FERC’s Online System
- Filing Comments Workshop and Demonstration
- Submitting Powerful Comments Workshop