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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Commission (“FERC”) issued two orders inserting sunsetting provisions into 53 regulations that they described as outdated and unnecessary.[1]  FERC’s action comes in response to an Executive Order issued in the spring directing agencies to consider which of their regulations could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FERC took the opportunity to clean up its regulations and sunset clearly outdated regulations and administrative requirements that are no longer relevant.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received, which is unlikely given the nature of the regulations proposed to be eliminated, then the Final Rule shall be rescinded and the NOPR shall begin a proceeding to consider the elimination of the regulations proposes to be sunset.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.

 

RegulationTopicReason
§ 2.15Specified reasonable rate of returnThis type of ROE is no longer used
§ 2.18Phased electric rate increase filingsFERC no longer receives phased electric rate increase filings
§ 2.21Regional Transmission GroupsReplaced by ISO/RTOs
§ 2.25Ratemaking treatment of the cost of emissions allowances in coordination transactionsNo longer needed given that most generators have market-based rates
§ 2.26Policies concerning review of the cost of emissions allowances in coordination transactionsNot necessary as such standards are not mandatory
§ 2.78Utilization and conservation of natural resources--natural gasUsed before functional unbundling
§ 2.103Statement of policy respecting take or pay provisions in gas purchase contractsUsed before functional unbundling
§ 2.105Gas supply chargesUsed before functional unbundling
§ 5.31Transition provisionObsolete since 2005
§ 2.26Policies concerning review of the cost of emissions allowances in coordination transactionsNo longer needed given that most generators have market-based rates
§ 156.5(a)(9), (11)Exhibit H-Total Gas Supply DataUsed before functional unbundling
§ 157.218Changes in Customer NameRedundant
§ 287.101Rules Generally Applicable to PowerplantUsed before functional unbundling
§ 385.101(b)(3)Rule 101 ExceptionsFERC has its own oil pipeline rules and no longer relies on the underlying regulations
§ 385.602(c)(1)(ii)Submission of settlement offersRule 717 has been removed
§ 385.904(b)Commencement of proceedingUnderlying regulations have been repealed
§ 385.915; 1012 (Rules on 915)Off-the-record communicationsRedundant 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 copiesForm of notice and paper copies no longer required
§ 366.4(b)(1), (3) and (c)Exemption and waiver of requirementsNot necessary as such standards are not mandatory
Subpart K (§§ 1101 to 1117)Natural Gas Policy Act adjustment provisionsUnderlying 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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