Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from Federal Energy Regulatory Commission (FERC) on ‘Implementation of the Executive Order Entitled "Zero-Based Regulatory Budgeting to Unleash American Energy"’ [EO 14270]. FERC published a direct-final rule in October of 2025 for this rulemaking and then partially rescinded that rule on December 18th, 2026.
According to the 2026 Unified Agenda entry for this rulemaking:
“The Federal Energy Regulatory Commission is revising its regulations to insert a conditional sunset date into certain regulations in response to Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy (Docket No. RM25-14-000).”
With the DFR setting a sunset date for a variety of FERC regulations at December 5th, 2026, I suspect that the agency may be using this final rule to further extend one or more of those regulations past that date. EO 14270 allows for extensions of the mandated sunset dates of up to five years per extension.
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