FERC Sunsets 53 Administrative Regulations
Client Alert | 3 min read | 10.03.25
On October 1, 2025, the Federal Energy Regulatory Commission (“FERC”) issued two orders inserting sunsetting provisions into 53 regulations that they described as outdated and unnecessary.[1] FERC’s action comes in response to an Executive Order issued in the spring directing agencies to consider which of their regulations could be revoked.[2] While there had been speculation that the list of regulations could be broader, with far-reaching implications and uncertainty to the industry, the final list addresses primarily administrative matters.
FERC took the opportunity to clean up its regulations and sunset clearly outdated regulations and administrative requirements that are no longer relevant. For example, applicants will not need to provide forms of notice, including on floppy disks, and paper copies of filings.
Order No. 914 will become effective 45 days after publication in the Federal Register, unless “significant adverse comments” are received within 30 days of publication in the Federal Register.[3] If such comments are received, which is unlikely given the nature of the regulations proposed to be eliminated, then the Final Rule shall be rescinded and the NOPR shall begin a proceeding to consider the elimination of the regulations proposes to be sunset.
List of Regulations to be Sunset. All references to 18 C.F.R.
| Regulation | Topic | Reason |
|---|---|---|
| § 2.15 | Specified reasonable rate of return | This type of ROE is no longer used |
| § 2.18 | Phased electric rate increase filings | FERC no longer receives phased electric rate increase filings |
| § 2.21 | Regional Transmission Groups | Replaced by ISO/RTOs |
| § 2.25 | Ratemaking treatment of the cost of emissions allowances in coordination transactions | No longer needed given that most generators have market-based rates |
| § 2.26 | Policies concerning review of the cost of emissions allowances in coordination transactions | Not necessary as such standards are not mandatory |
| § 2.78 | Utilization and conservation of natural resources--natural gas | Used before functional unbundling |
| § 2.103 | Statement of policy respecting take or pay provisions in gas purchase contracts | Used before functional unbundling |
| § 2.105 | Gas supply charges | Used before functional unbundling |
| § 5.31 | Transition provision | Obsolete since 2005 |
| § 2.26 | Policies concerning review of the cost of emissions allowances in coordination transactions | No longer needed given that most generators have market-based rates |
| § 156.5(a)(9), (11) | Exhibit H-Total Gas Supply Data | Used before functional unbundling |
| § 157.218 | Changes in Customer Name | Redundant |
| § 287.101 | Rules Generally Applicable to Powerplant | Used before functional unbundling |
| § 385.101(b)(3) | Rule 101 Exceptions | FERC has its own oil pipeline rules and no longer relies on the underlying regulations |
| § 385.602(c)(1)(ii) | Submission of settlement offers | Rule 717 has been removed |
| § 385.904(b) | Commencement of proceeding | Underlying regulations have been repealed |
| § 385.915; 1012 (Rules on 915) | Off-the-record communications | Redundant to Rule 2201 |
| § 36.1(b)(1); 153.20(c); 157.6(a)(2); 157.6(b)(7); 385.203(d); 385.206(b) | Form of notice and paper copies | Form of notice and paper copies no longer required |
| § 366.4(b)(1), (3) and (c) | Exemption and waiver of requirements | Not necessary as such standards are not mandatory |
| Subpart K (§§ 1101 to 1117) | Natural Gas Policy Act adjustment provisions | Underlying policies have been repealed |
[1] Implementation of the Executive Order Entitled “Zero-Based Budgeting to Unleash American Energy”, Direct Final Rule, Order No. 914, 193 FERC ¶ 61,002 (2025) (“Order No. 914”); Implementation of the Executive Order Entitled “Zero-Based Budgeting to Unleash American Energy, Notice of Proposed Rulemaking, 193 FERC ¶ 61,001 (“NOPR”).
[2] Executive Order No. 14270, Zero-Based Regulatory Budgeting to Unleash American Energy (Apr. 9, 2025), available at https://www.whitehouse.gov/presidential-actions/2025/04/zero-based-regulatory-budgeting-to-unleash-american-energy/.
[3] Significant adverse comments are ones which provide a “reason sufficient enough to require a substantive response in a notice-and-comment process …” or require a change to the rule. Order No. 913 at P 3.
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