Insights

On October 23rd, the U.S. Department of Energy (“DOE”) sent a letter to the Federal Energy Regulatory Commission (“FERC”) containing an Advance Notice of Proposed Rulemaking (“ANOPR”) with principles for all large load interconnections across the US, including those co-located with generating facilities.[1] Significantly, the Secretary of Energy states that the interconnection of large loads to the transmission system “falls squarely” within FERC’s jurisdiction, thus weighing in on a dispute that has been pending before FERC for over a year. This move appears to be a reaction to the continued pendency before FERC of the colocation dockets[2] and a technical conference on colocation held almost a year ago.[3]

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Commission (“FERC”) issued two orders inserting sunsetting provisions into 53 regulations that they described as outdated and unnecessary.[1]  FERC’s action comes in response to an Executive Order issued in the spring directing agencies to consider which of their regulations could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. 

In one of the first rulings applying Loper Bright Enterprises v. Raimondo, the Supreme Court on Tuesday vacated and remanded the D.C. Circuit’s decision in Solar Energy Industries Association v. FERC for further consideration.