On August 28, 2026, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) denied petitions for review of FERC’s certification of East Tennessee Natural Gas, LLC’s (East Tennessee) System Alignment Program (Project). The D.C. Circuit held that FERC did not violate customers’ due process rights…

On August 31, 2026, FERC granted The Empire District Electric Company (Empire District) two transmission rate incentives for its portfolio of electric transmission projects in the Southwest Power Pool, Inc. (SPP) region (SPP Project Portfolio): (1) Abandoned Plant Incentive; and (2) construction work in progress (CWIP) Incentive.  The Abandoned Plant Incentive will allow Empire District to recover 100% of prudently incurred costs for any SPP Project Portfolio component cancelled or abandoned for reasons beyond its control.  The CWIP Incentive will allow Empire District to include 100% of prudently incurred CWIP costs in rate base during the development and construction phase of the SPP Project Portfolio. 

On August 28, 2026, FERC granted Hillsboro Solar, LLC’s (Hillsboro) authorization to make wholesale sales of electric energy, capacity, and ancillary services at market-based rates (MBR) on the condition that Hillsboro adopt the same market power mitigation as Hillsboro’s affiliate, Duke Energy Florida, LLC (Duke Energy Florida) in certain balancing authority areas (BAAs). In doing so, FERC emphasized that long-standing Commission precedent requires an MBR seller to include the same market power mitigation as any mitigated affiliate in its tariff in order to obtain MBR authority.

Host Bill Derasmo is joined by founder and CEO Antonio Baclig of Inlyte Energy. Baclig was recently featured in a Wall Street Journal article highlighting Inlyte’s sodium-iron battery technology, and announced the company’s first battery pack delivery to an energy storage facility in Alabama. Listen in to learn how Inlyte is replacing traditional nickel with iron to drive down costs, achieving superior footprint energy density for grid-scale and data center applications, and positioning for domestic manufacturing growth with the help of battery tax incentives.

On May 13, 2026, FERC granted rehearing, in part, of its November 26, 2025 order issuing a new license to Bear Swamp Power Company, LLC (Bear Swamp) for its 676 megawatt (MW) Bear Swamp Hydroelectric Project (Project) on the Deerfield River in Berkshire and Franklin Counties, Massachusetts. FERC’s order addressed Bear Swamp’s rehearing request challenging license Article 403(2), which required maintenance of impoundment elevations between 830 and 835 feet from 10 a.m. to 12 p.m. on certain days per year to support whitewater boating. In its rehearing order, FERC revised license Article 403(2) to clarify that Bear Swamp would not be in violation of its license for deviating from the impoundment elevation requirements when doing so at ISO-NE’s direction to maintain grid reliability.

On July 16, 2026, the Federal Energy Regulatory Commission (FERC or Commission) unanimously approved measures in two orders streamlining its National Environmental Policy Act (NEPA) review procedures for certain hydropower-related actions with minimal environmental impacts.   In the first order, FERC issued a final rule that expands an existing Categorical Exclusion (CE)—a designation that allows an agency to skip preparing a detailed environmental review document—to cover Commission-initiated terminations and revocations of hydropower licenses and exemptions where there will be little to no ground disturbance and little to no change in reservoir conditions or downstream water flows.  In the second order, FERC adopted two recreation-related CEs implemented by Tennessee Valley Authority (TVA) that will allow FERC to skip detailed environmental review when authorizing small-scale recreation facility improvements, such as trails, fishing access sites, campgrounds, and parking areas, at FERC-licensed hydropower projects.

In her comments on the orders at the Commission’s July 16 open meeting, Chairman Swett stated that the Commission “must move important approvals forward quickly while ensuring we fully meet our NEPA obligations. Today’s actions are practical, common-sense solutions that streamline our hydropower environmental review process and allow us to better focus our efforts on reviewing large-scale projects.”

On July 16, 2026, FERC issued an order directing California Independent System Operator Corporation (CAISO) and Southwest Power Pool, Inc. (SPP) to submit a joint report by September 30, 2026, on their efforts to coordinate operations along Western market seams. FERC specifically requests that CAISO and SPP: 1) provide details on efforts to date to address seams and market coordination, 2) identify seams and market coordination issues created by the development of organized markets in the West, 3) provide a plan for addressing identified issues, and 4) identify areas where market operators are not aligned on next steps.

On July 16, 2026, FERC directed the North American Electric Reliability Corporation (NERC) to file new or modified Reliability Standards to address reliability risks to the Bulk Power System associated with the integration of computational loads, revise its Rules of Procedure necessary for registration of computational load entities, and submit…

On June 26, 2026, FERC accepted New York Independent System Operator, Inc.’s (NYISO) proposal to modify its Installed Capacity market rules to address seasonal reliability risks and to account for seasonal availability of capacity supply.  In doing so, FERC found that the revisions will enhance NYISO’s ability to send appropriate price signals through the Installed Capacity market, which will ensure sufficient capacity during winter periods.  The revisions were accepted effective June 28, 2026.

On June 29, 2026, the Supreme Court of the United States (Supreme Court or Court) issued two companion decisions eliminating for-cause removal protections for commissioners of federal independent agencies—such as FERC—but creating a carveout for members of the Federal Reserve Board. In a 6-3 decision in Trump v. Slaughter…