recently reformed their queue processes, are in compliance with Order No. 2023. That said, FERC also recognized that region-specific concerns and other need for individual variations could justify, on a case-by-case basis, a deviation from the requirements of Order No. 2023. There will be continued intense pressure on transmission providers and FERC to implement quickly the reforms adopted by FERC in Order No. 2023 and Order No. 2023-A.Endnotes[1]Improvements to Generator Interconnection Procs. & Agreements, Order No. 2023-A, 186 FERC ¶ 61,199 (March 21, 2024) (“Order No. 2023-A”).[2]Rand, Joseph et al., “Queued Up: 2024 Edition, Characteristics of Power Plants Seeking Transmission Interconnection as of the End of 2023,” Lawrence Berkeley National Laboratory (April 2024), available at https://emp.lbl.gov/news/grid-connection-backlog-grows-30-2023-dominated-requests-solar-wind-and-energy-storage (“Study”).[3]Improvements to Generator Interconnection Procs. & Agreements, Order No. 2023, 88 Fed. Reg. 61,014 (Sept. 6, 2023), 184 FERC ¶ 61,054 (2023) (“Order No. 2023”).[4]Order No. 2023-A at P 38.[5]Id. at P 46.[6]Id. at P 73.[7]Id. [8]Id. at PP 157-159.[9]Id. at P 185.[10]Id. at P 231.[11]Id. at P 233.[12]Id. at P 237.[13]Id. at P 286.[14]Id. at P 492.[15]Study at 8.[16]Id. at 27.[17]Id. at 17.[View source.]

hire additional NAs.Notably, certain aspects of the proposed rule will have a staggered implementation timeline and not go into effect until two or three years after publication of the final rule:We are proposing to stagger the implementation dates of these requirements sufficiently to allow facilities the time needed to prepare and be in compliance with the new requirements. Specifically, we propose that the RN on site, 24 hours per day, for 7 days a week would take effect 2 years after publication of the final rule; and we propose that the individual minimum standards of 0.55 HPRD for RNs and 2.45 HPRD for NAs would take effect 3 years after publication of the final rule. Under the proposal facilities in rural areas would be required to meet the proposed RN on site 24 hours per day, for 7 days a week, 3 years after publication of the final rule; and the proposed minimum standards of 0.55 HPRD for RNs and 2.45 HPRD for NAs would take effect 5 years after publication of the final rule.88 Fed. Reg. 61,352 (Sept. 1, 2023).The minimum standards are intended to address ongoing safety and quality concerns, revealed and exacerbated during the COVID-19 pandemic, that stem from chronic understaffing in nursing homes related to insufficient RNs and NAs. CMS noted that these staffing levels are minimums and it will expect facilities to staff above the baseline based on facility assessments and resident acuity levels.To counter industry and health policy critics of these mandated staffing minimums who point to the well-known staffing shortage facing the US healthcare industry generally, the Biden administration simultaneously announced a partnership between CMS and the Health Resources and Services Administration (HRSA) that will invest of $75 million in scholarships and tuition reimbursement for workers to pursue careers as nursing home staff.KEY TAKEAWAYSMore effort will be needed to achieve the staffing goals, but the proposed mandates are a start. While the pandemic revealed vulnerabilities in staffing and

the tariff revisions adopted in Order No. 2023.While Order No. 2023 is a significant step, further rulemakings pending before FERC could have a meaningful impact on the development of renewable resources. FERC continues to work to issue a final rule governing transmission planning and cost allocation.20FERC and several Commissioners in their individual statements acknowledged throughout the rulemaking process that transmission and interconnection planning must be linked more closely. For example, Commissioner Clements stated that “[i]nterconnection processes are overloaded in part because they are being relied on to build out core transmission system infrastructure that should be considered in regional planning processes.”21 Further, Commissioners have referenced the development of a notice of proposed rulemaking on interregional transmission development, an area also in need of significant reform.1 Improvements to Generator Interconnection Procedures and Agreements, 184 FERC ¶ 61,054 (2023), 88 FR 61,014 (Sept. 6, 2023) (“Order No. 2023”).2 While Order No. 2023 states that it is applicable to both Large Generator Interconnection Agreements and Procedures (LGIA and LGIP) and Small Generator Interconnection Agreements and Procedures (SGIA and SGIP), the majority of the changes made b