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ARTICLE · 17 JANUARY 2024

FERC November 2023 Open Meeting Preview

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The Federal Energy Regulatory Commission ("FERC") will host its November Open Meeting on Thursday, November 16, 2023.

United StatesEnergy and Natural Resources
Foley Hoag LLP
Foley Hoag LLP
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The Federal Energy Regulatory Commission ("FERC") will host its November Open Meeting on Thursday, November 16, 2023. The Sunshine Act Meeting Notice issued November 9, 2023 indicates FERC's intent to act on several noteworthy items, some of which will be of particular interest for renewable and battery storage developers. These include a generator's request for a waiver from FERC's transmission open access requirements relating to its temporary ownership of transmission owner interconnection facilities, as well as an investor and developer's joint request for declaratory relief from regulation under certain provisions of the Federal Power Act ("FPA") and the Public Utilities Holding Company Act of 2005 ("PUHCA") that might otherwise result from ownership of energy storage facilities operating under state programs in New York. We also anticipate FERC will act on an offer of settlement regarding an Amended Full Requirements Power Purchase Agreement between a utility

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