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.
FERC Streamlines Reviews to Expedite Actions at Hydropower Projects
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.”
FERC Directs Joint CAISO-SPP Report on Coordination of Operations at Seams
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.
FERC Directs NERC to Submit Rules Addressing Risks Associated with Integration of Computational Loads into Bulk Power System
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…
FERC Approves NYISO Capacity Market Revisions to Address Seasonal Reliability Risks
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.
Supreme Court Ends For-Cause Removal Protections for Members of Independent Federal Agencies and Commissions Such as FERC
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…
FERC Denies Gas Plant Developer’s Waiver Request to Change Equipment Due to Procurement Concerns
On July 2, 2026, the Federal Energy Regulatory Commission (FERC or Commission) denied a waiver request filed by Chestnut Run Energy LLC (Chestnut Run) seeking a one-time limited waiver of certain requirements under PJM Interconnection, L.L.C.’s (PJM) Open Access Transmission Tariff (Tariff) to allow Chestnut Run to implement an equipment change to its proposed combined cycle gas turbine electric generating facility’s (Facility) configuration. Chestnut Run sought waiver because of availability issues with certain equipment outlined in its interconnection application. In denying the request, FERC found Chestnut Run did not demonstrate that the requested waiver would not result in undesirable consequences and noted that the requested waiver would undermine the expeditious nature of PJM’s Reliability Resource Initiative (RRI) process.
FERC Orders Regional Grid Operators to Justify or Reform Tariff Provisions for Interconnection of Large Loads
On June 18, 2026, the Federal Energy Regulatory Commission (“FERC”) issued six show cause orders under Section 206 of the Federal Power Act (“FPA”) to each of the country’s regional transmission operators (“RTOs”) and independent system organizations (“ISOs”), along with their transmission owners (collectively, the “Show Cause Orders”). FERC issued the Show Cause Orders as an initial response to the Secretary of Energy’s October 2025 letter directing FERC to initiate an Advance Notice of Proposed Rulemaking (“ANOPR”) presenting potential reforms to ensure the timely and orderly interconnection or large loads to the transmission system. The ANOPR docket, Docket No. RM26-4-000, generated more than 3,500 pages of public comments. The Show Cause Orders also come on the heels of a series of FERC’s actions over the past year designed to address large load growth. These actions include a December 2025 FERC order directing PJM Interconnection, L.L.C. (“PJM”) to adopt clear, transparent tariff rules for large energy users located at or near generation facilities, FERC’s January 2026 approval of Southwest Power Pool, Inc.’s (“SPP”) High Impact Large Load and High Impact Large Load Generation Assessment processes, as well as FERC’s June 2026 approval of SPP’s Conditional High Impact Large Load proposal.
FERC Issues NOPR Proposing Revisions to Annual and Quarterly Financial Forms
On June 18, 2026, FERC issued a Notice of Proposed Rulemaking (NOPR) seeking industry comments on proposed revisions to various FERC annual and quarterly financial reporting forms. The NOPR proposes revisions to FERC Form Nos. 1 (Annual Report of Major Electric Utilities, Licensees, and Others), 1-F (Annual Report for Nonmajor…
FERC Addresses Arguments on Rehearing and Requires Additional PJM Tariff Revisions to Accommodate Co-Located Load
On June 18, 2026, FERC accepted in part and rejected in part requests for rehearing of its December 18, 2025, order (December Order) directing PJM Interconnection, L.L.C. (PJM) to revise its Open Access Transmission Tariff (Tariff) to clarify and establish certain rates, terms, and conditions of service applicable to Interconnection…