ARTICLE
26 February 2026

FERC Confirms Its Prior Rescission Of Rule Barring Natural Gas Infrastructure Construction During Appeals

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In an order issued on February 19, 2026, the Commission upheld its removal of regulations limiting authorizations to proceed with construction activities pending rehearing. The Commission previously removed § 157.23 from its regulations in an order issued on October 7, 2025.
United States Energy and Natural Resources
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In an order issued on February 19, 2026, the Commission upheld its removal of regulations limiting authorizations to proceed with construction activities pending rehearing. The Commission previously removed § 157.23 from its regulations in an order issued on October 7, 2025. That regulation delayed construction of approved natural gas infrastructure projects while rehearing requests were pending (or for the duration of the 30-day rehearing request period). Petitioners sought the rehearing of this action; however, the Commission was not persuaded, noting "evidence of increasing demand amplifies our concern that the potential delay resulting from the application of § 157.23 could affect the timeliness of natural gas supplies."

Order No. 915-A was issued on February 19, 2026, in Docket No. RM25-9-001.

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