In her first open meeting on November 20, 2025, new Federal Energy Regulatory Commission (FERC) Chairman Laura V. Swett made a series of significant announcements, possibly signaling a new regulatory approach for the agency.

Chairman Swett first outlined her priorities, focusing on cementing U.S. “energy dominance.”  She announced that she is committed to accelerating the interconnection of data centers, which she believes will help the United States win the “artificial data intelligence race.”  Chairman Swett also announced that she will prioritize regulations that streamline FERC processes and encourage the construction and maintenance of infrastructure, including  “cutting regulatory red tape” and increasing transparency in FERC’s permitting functions.

Marking Chairman Swett’s new approach, FERC acted to terminate several proceedings that have long been pending and initiated new notices of inquiry (NOI) to provide regulatory certainty and streamline infrastructure permitting.  Chairman Swett explained that the long-pending proceedings have failed to garner stakeholder support and shrouded the industry with ambiguity, and that she will continue to look for ways to “clean house” at the agency. 

The following pending proceedings were terminated by order:

  • RM22-20-000, Duty of Candor:  The order withdraws the 2022 proposed rule and terminates the rulemaking proceeding.  This action preserves FERC’s existing Duty of Candor.
  • RM18-10-000, Airlines for America and National Propane Gas Association:  FERC denied a petition to develop affiliate conduct standards for liquid pipelines under the Interstate Commerce Act.
  • RM20-7-000, Safe Harbor Policy for Data Providers to Price Index Developers:  The order terminates the proposed rulemaking proceeding to codify the existing safe harbor policy on natural gas and electric price indices.
  • PL20-7-000, Waiver of Tariff Requirements:  FERC exercised its discretion to withdraw and terminate the proposed policy statement to expand the waiver analysis.  FERC indicated that it would continue to evaluate waiver requests on a case-by-case basis, under FERC’s four tariff waiver criteria.  FERC reiterated that entities seeking waiver of tariff provisions should submit such filings under Rule 207(a)(5) of FERC’s Rules of Practice and Procedure.

Additionally, the announced NOIs seek comments on blanket authorization procedures for liquified natural gas (LNG) and hydropower projects include:

  • First, in Docket No. RM26-2-000, FERC seeks information and stakeholder perspectives on whether and, if so, how, FERC should revise regulations to streamline procedures for authorizing activities at LNG plants without case-specific authorization orders under either sections 3 or 7 of the Natural Gas Act.
  • Second, in Docket No. RM26-3-000, FERC seeks comment on whether, if any, changes should be made to streamline the process for reviewing and authorizing post-license activities at hydropower facilities, and whether certain activities could be implemented by licensees without case-specific authorization from the FERC under the Federal Power Act. 

Comments on both NOIs will be due sixty days after the NOIs are published in the Federal Register.

FERC’s November open meeting was also the first one for newly appointed Commissioner David A. LaCerte.  Commissioner LaCerte echoes Chairman Swett’s priority to accelerate data center interconnections and will work to improve FERC’s National Environmental Policy Act review processes to support infrastructure development, with an emphasis on reducing high energy costs for consumers.

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