FERC’s Role in Grid Reliability Focus of Senate Energy and Natural Resources Committee

May 9, 2023

Reading Time : 2 min

By: Emily P. Mallen, Stephen J. Hug, James Romney Tucker Jr., Ben N. Reiter, Leila Fleming (Public Policy Specialist)

On Thursday, May 4, 2023, the U.S. Senate Energy and Natural Resources Committee, led by Chair Joe Manchin (D-WV) and Ranking Member John Barrasso (R-WY), held a Full Committee Hearing to Conduct Oversight of the Federal Energy Regulatory Commission (FERC). All four sitting FERC Commissioners, including Acting Chairman Willie Phillips, James Danly, Allison Clements and Mark Christie, testified before the Committee, with most of the Committee members present. The reliability of the U.S. power grid, and FERC’s role in designing markets and approving projects that promote reliability, was a primary focus of the hearing. Senators Manchin and Barrasso, who both hail from coal-producing states, elicited testimony from all four Commissioners that the elimination of coal-fired generation would hinder grid reliability.  The Commissioners also agreed with the Senators’ contentions that reliability provided by coal-fired and natural gas-fired generation cannot currently be replaced with renewable generation. Commissioner Phillips also testified that FERC must be resource neutral and agreed with questions from Senator Barrasso that delayed natural gas pipeline projects undermine efforts to integrate wind and solar facilities into the grid. Commissioner Danly explained that the operational characteristics of thermal generation resources support frequency and voltage in a manner that intermittent resources currently do not.  Commissioner Christie, consistent with comments he has made during FERC’s open meetings, testified that retirements of dispatchable resources, not the addition of renewable energy resources, threatened grid reliability. The Senators also sought follow up on FERC’s natural gas pipeline certification policy, which was the subject of a heated oversight hearing in March 2022, and for information on hydropower licensing reform.

The hearing also touched on outstanding rulemakings that implement requirements set forth in the Infrastructure Investment and Jobs Act, the allocation of costs for regional transmission facilities, and environmental justice community and tribal involvement in project siting. The Commissioners’ differences of opinion on market design, including the role of regional transmission organizations and transmission incentives, was on full display during the hearing. However, all four Commissioners agreed that FERC’s current four-person membership, split 50/50 on Democrat and Republican lines, has not prevented the agency’s ability to fulfill its statutory obligations.

A more fulsome summary of the hearing can be found here

Share This Insight

Previous Entries

Speaking Energy

February 24, 2026

On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued an order rescinding the soft price cap for bilateral spot market energy sales in the Western Electricity Coordinating Council (WECC) region.1 As previously covered, on July 15, 2025, FERC initiated a Federal Power Act Section 206 proceeding following the D.C. Circuit’s decision finding that FERC must apply the Mobile-Sierra public interest standard before ordering refunds for above-cap bilateral sales and vacating FERC’s orders requiring refunds for certain bilateral spot market transactions in the WECC region that exceeded the $1,000 MWh soft price cap.2 FERC’s Order follows through on the proposal it made last July to eliminate the WECCs soft price cap and marks a recognition that Western wholesale markets have evolved over the past two decades to become sufficiently competitive to render the soft price cap unnecessary.  

...

Read More

Speaking Energy

February 23, 2026

The oil & gas industry is experiencing a fundamental transformation in how companies access and deploy capital in 2026. Despite strong balance sheets and robust free cash flow generation, the sector is witnessing strategic shifts in funding sources and investment priorities that signal a new era of capital allocation.

...

Read More

Speaking Energy

February 23, 2026

Akin is proud to serve as a Summit Sponsor of Infocast’s Solar + Wind Finance & Investment Summit taking place March 15-18 in Phoenix.

...

Read More

Speaking Energy

February 10, 2026

The global energy sector enters 2026 amid major policy shifts, geopolitical tension and evolving market dynamics. The Trump administration’s reversal of Biden-era climate initiatives and renewed emphasis on domestic production have reshaped the policy landscape, offering a more favorable regulatory environment even as conflicts abroad, oil price volatility and shifting trade policies tempered deal activity through 2025.

...

Read More

© 2026 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.