Review - FERC Publishes Regulation Sunset Rules 10-21-25

Today the Federal Energy Regulatory Commission (FERC) published two rulemakings in the Federal Register, both relating to the sunset date requirements of EO 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The first rulemaking (90 FR 48397-48408) is a direct final rule (DFR); it would add a sunset date of December 5^th, 2026 to each of several sections of 18 CFR Parts 2, 5, 36, 131, 153, 156, 157, 203,  206, 287, 300, 366, 375, and 385. Absent any ‘significant adverse comment’ submitted in response to this DFR, this rule goes into effect on December 5^th, 2025.

The second rulemaking (90 FR 48419-48421) is a notice of proposed rulemaking (NPRM) on the same topic. Effectively, it only comes into play if there are any significant adverse comments filed on the DFR above. According to the NPRM preamble:

“This NOPR ensures that the Commission has a proceeding through which it can consider any significant adverse comments that might be filed in response to the direct final rule and determine whether to proceed with finalizing specific sunsetting regulations.”

Public Comments

FERC is soliciting comments on the DFR (which may transfer to the NPRM if FERC declares any of the comments to be significant adverse comments). Comments may be submitted via electronic comments via https://ferconline.ferc.gov/QuickComment.aspx. Comments should be submitted by November 20^th, 2025.

 

For more information on the provisions of these two rulemakings, including commentary on missed deregulatory credit, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/ferc-publishes-regulation-sunset - subscription required.