On September 18, 2025, FERC accepted in part and denied in part the Maine Office of Public Advocate’s (“Maine OPA”) request for eight New England Transmission Owners (“Identified NETOs”) to answer information requests as part of the Information Exchange Period within their Formula Rate Protocols (“Protocols”). Three of the Identified NETOs must now answer Maine OPA’s information requests regarding procedures for evaluating the need for asset condition projects; all Identified NETOs must provide information on their respective procedures for ensuring asset condition projects are not placed in service before such projects are needed.

On July 31, 2023, the Participating Transmission Owners Administrative Committee filed, on behalf of 31 New England Participating Transmission Owners (“PTOs”), the 2023 annual information filing (“2023 Annual Update”) to support the PTOs’ transmission formula rates for the 2024 Rate Year. After the 2023 Annual Update was filed, Maine OPA filed an information request asking for additional information on the PTOs’ procedures for asset condition projects, procedures for considering project alternatives, the existence of an asset condition database, and safeguards for ensuring asset conditions projects do not enter service before an identified need.

The Identified NETOs argued Maine OPA’s information request was vague and referred Maine OPA to prior planning process materials and other additional information. On January 31, 2024, Maine OPA filed a formal challenge against the 2023 Annual Update, arguing that the Identified NETOs failed to comply with the Protocols by refusing to fully answer Maine OPA’s information request. Maine OPA requested that FERC order the Identified NETOs to answer all questions in the information request and allow Maine OPA to supplement its Formal Challenge with data on the prudence of the Identified NETOs’ asset condition project costs.

In its September 18 order, FERC first found that Maine OPA’s Formal Challenge satisfied the Protocols’ requirements for filing a formal challenge. FERC next found that most of Maine OPA’s questions were within the scope of the Protocols and thus required the Identified NETOs to answer such questions. However, FERC found that certain questions were outside the scope of the Protocols—specifically: (i) information regarding the identities of employees involved in reviewing asset condition projects; and (ii) “all documents” explaining why any asset condition projects were rejected or relating to the use of a database were outside the scope of the Protocols. FERC also found that certain Identified NETOs failed to make a good faith effort to address some of the questions that Maine OPA raised.

FERC thus ordered all Identified NETOs to provide information on procedures within 30 days to ensure asset condition projects were not placed in service before a need was identified. FERC also directed three of the Identified NETOs to provide information on procedures to evaluate need for asset condition projects. FERC also granted Maine OPA’s request to supplement its Formal Challenge with information on the prudence of such information within 90 days.

Commissioner Chang filed a concurring statement, stating that the Commission’s order reaffirms FERC precedent providing customers a right under Formal Rate Protocols to evaluate the prudence of transmission project expenditures.

FERC’s order on Maine OPA’s information request, issued in Docket No. ER20-2054-000, is available here.