The Federal Energy Regulatory Commission is poised to start rulemaking to “sunset” certain regulations, according to a draft “notice of inquiry” obtained by POLITICO’s E&E News.
The notice follows President Donald Trump’s executive order directing FERC to establish sunset dates of between one and five years for rules on energy production. It is the optional first step in commission rulemaking, allowing the agency to gather public feedback before proposing a rule.
Energy experts said the draft notice, which is not yet published, shows FERC is being cautious as it begins to implement an executive order expected to create significant uncertainty for industry and legal challenges for the agency.
“I see this as the commission being very prudent,” said Matt Christiansen, a partner at Wilson Sonsini Goodrich & Rosati and former FERC general counsel, when given a summary of the contents of the document.
