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Earlier this summer, the Federal Energy Regulatory Commission (FERC) introduced a groundbreaking order—Order No. 2023—aimed at reforming the generator interconnection process in response to the evolving landscape of energy resources, market dynamics, and emerging technologies across the nation.

Industry reaction to the substance of the new rules has been mixed, but it is generally acknowledged that FERC’s reforms were a necessary first step toward relieving the system of its interconnection backlog. According to FERC, more than 2,000 GW of resources were waiting in interconnection queues at the end of 2022.

Husch Blackwell’s Linda Walsh, Frederick Jauss, Sylvia Bartell, and Michael Blackwell have prepared an insightful summary and analysis of Order No. 2023, including FERC’s use of penalties and its mandated use of cluster study methodology.

Our team will continue to follow developments impacting the interconnection process.

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Photo of Linda Walsh Linda Walsh

Linda focuses on regulatory issues affecting the electric utility industry.

Linda counsels and advocates for clients on a broad range of federal regulations covering electric utilities. Her experience representing utilities before FERC informs strategies for clients developing new business opportunities, handling compliance matters…

Linda focuses on regulatory issues affecting the electric utility industry.

Linda counsels and advocates for clients on a broad range of federal regulations covering electric utilities. Her experience representing utilities before FERC informs strategies for clients developing new business opportunities, handling compliance matters or faced with litigation.

Photo of Fred Jauss Fred Jauss

For more than 15 years, Fred has guided energy clients around the globe through sophisticated supply regulations. Fred enjoys assisting clients in both the oil and gas sector and the electricity industry on navigating complex regulatory issues. He represents wind and solar electricity

For more than 15 years, Fred has guided energy clients around the globe through sophisticated supply regulations. Fred enjoys assisting clients in both the oil and gas sector and the electricity industry on navigating complex regulatory issues. He represents wind and solar electricity generators, oil producers and refiners, shippers, marketers and consumers – among myriad other energy clients – on matters before the Federal Energy Regulatory Commission (FERC), state public utility commissions, and state and federal courts.

Photo of Sylvia Bartell Sylvia Bartell

A corporate attorney, Sylvia focuses her practice on electric regulation. She counsels a variety of clients in the energy industry, including transmission companies, renewable/electric power generation investors and developers, vertically integrated utilities, and commercial and industrial customers.

Photo of Michael Blackwell Michael Blackwell

Michael is a regulatory and transactional attorney who represents transmission companies, independent power producers, and utilities. He works collaboratively with clients to obtain necessary permits for large infrastructure projects, successfully complete project transactions and financings, and assess the rights and obligations of participants

Michael is a regulatory and transactional attorney who represents transmission companies, independent power producers, and utilities. He works collaboratively with clients to obtain necessary permits for large infrastructure projects, successfully complete project transactions and financings, and assess the rights and obligations of participants in organized electricity markets. Michael draws on his background as in-house counsel for a Regional Transmission Organization (RTO) and a power trading firm and is equipped to advise industry clients on numerous aspects of regulatory, financial, and transactional issues affecting the development and optimization of generation and transmission assets.