Requests for Rehearing in the Post-Tolling Order Era

On July 2, 2020, the U.S. District Court of Appeals for the District of Columbia Circuit ruled in the case Allegheny Defense Project, et al. v. Federal Energy Regulatory Commission that the Commission's use of tolling orders to indefinitely delay rehearing of certificate orders was not allowed under section 19 of the Natural Gas Act. The Commission subsequently applied this ruling to all cases, including those under the jurisdiction of the Federal Power Act.

This free resource provides an overview of the laws regarding requests for rehearing in both the Federal Power Act and the Natural Gas Act, and their corresponding regulations, as well as an overview of Allegheny v. FERC, and ultimately examines how the Commission has changed its approach to addressing requests for rehearing since the order was issued.

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