FERC Streamlines Rules with Sunset Provisions: What’s Changing for Transmission Service Requests and Exempt Wholesale Generator Filings?

In short, not much. 

On October 1, 2025, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 913 (the “Order”) as a Direct Final Rule implementing Executive Order 14270, “Zero‑Based Regulatory Budgeting to Unleash American Energy.”

The Order targets 53 outdated, “seldomly used,” or duplicative regulations, inserting conditional sunset provisions that will phase them out one year after the rule’s effective date—unless FERC extends the deadline by up to five years after soliciting and considering public comments on the costs and benefits of the regulations. The Order takes effect 45 days after publication in the Federal Register.

Two changes in particular apply to (1) certain transmission service applicants and (2) entities seeking to self-certify their exempt wholesale generator (“EWG”) or foreign utility company (“FUCO”) status. These changes will not impact any substantive requirements for these entities but will slightly relax the filing process by eliminating language regarding providing a form of notice of such filings.

18 C.F.R. § 36.1(b)(1) – Transmission Service Application Notices

Section 36.1(b)(1) of FERC’s regulations currently requires an applicant seeking transmission service under Section 211 of the Federal Power Act to include with its application a form of notice of the application suitable for publication in the Federal Register in accordance with the requirements of Section 385.203(d) of FERC’s regulations. That section, in turn, requires a “draft notice in accordance with the form of notice specifications prescribed by the Secretary and posted on the Commission’s website under Filing Procedures.”

Change:
This subsection will automatically sunset one year after the effective date of the Order unless extended. Once sunsetted, applicants for Section 211 transmission services will no longer be bound by this notice requirement. 

Impact:
Applications under Section 211 require a notice containing information about the transmission service requested and the facilities involved be provided to the parties potentially affected by the request, such as the transmission facilities owner, the relevant ISO/RTO, the interconnecting utility, and the state’s public utility commission. These requirements are set forth in Section 36.1(b)(2) of FERC’s regulations and are not changing. However, eliminating the form of notice requirement under Section 36.1(b)(1) will streamline the application process and relieve the filers from the requirement to follow an older notice format.

18 C.F.R. § 366.7 – EWG and FUCO Filings

Section 366.7 of FERC’s regulations outlines procedures for obtaining EWG or FUCO status. Similarly to Section 36.1(b), Sections 366.7(a) and (b) require entities seeking to obtain EWG or FUCO status – either through a notice of self-certification or a petition for a declaratory order – to include a form of notice suitable for publication in the Federal Register in accordance with the specifications of Section 385.203(d) of FERC’s regulations.   

Change:
These mandatory Federal Register form of notice provisions in Sections 366.7(a) and (b) will automatically sunset one year after the effective date of the rule unless extended. 

Impact:
This change has limited practical significance. FERC previously provided guidance that, at least in connection with a notice of self-certification of EWG or FUCO status, a form of notice is no longer required, stating that “[a]lthough the Commission’s regulations specify that a notice of self-certification should include a form of notice of the filing suitable for publication in the Federal Register, 18 C.F.R. § 366.7(a), it is no longer necessary to submit this form of notice.” However, removing this requirement from the regulations will align them with FERC’s current practice and will reduce confusion among filers.

Bottom Line:

A response to a broader deregulatory push by the current administration to reduce unnecessary compliance burdens, Order No. 913 provides a measure of “regulatory housekeeping,” removing certain obsolete or duplicative provisions and seeking to make the regulations more consistent with current FERC practice. With respect to Section 211 transmission service requests and EWG and FUCO filings, the Order does not change any of the substantive requirements for such filings, but removes the form of notice requirement from FERC’s regulations, thus simplifying and modernizing the regulations and, perhaps in some cases, streamlining the filing process.

Please reach out to one of the team members identified below with any questions.