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
Alex Spratley
FERC Addresses Arguments on Rehearing and Requires Additional PJM Tariff Revisions to Accommodate Co-Located Load
By Alex Spratley & Jackie Triggs on
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…
FERC Approves ISO-NE Updated Market Rules for Distributed Energy Resources
By Alex Spratley & Jill Drum on
Posted in FERC Practice, Market Policy
On May 29, 2026, FERC approved revisions to the ISO New England, Inc.’s (ISO-NE) proposed market rules for the participation of Distributed Energy Resources (DERs) and to implement a one-time extension to the period in which resources are required to resume commercial operation following a forced outage. FERC held that the tariff revisions are just and reasonable because they address a gap in ISO-NE’s rules created during the Order No. 2023 compliance process wherein there was no longer a process for DERs to establish Network Resource Capability (NRC) and/or Capacity Network Resource Capability (CNRC), which are necessary to participate in ISO-NE’s markets, and because they balance needed resource flexibility while ensuring timely repair after an outage.
FERC Accepts PJM Capacity Market Price Collar Extension
By Alex Spratley & Mary-Kate Rigney on
On April 28, 2026, FERC accepted PJM Interconnection, L.L.C.’s (PJM) Open Access Transmission Tariff (Tariff) revisions to establish a price cap and floor for all Reliability Pricing Model (RPM) auctions for the 2028/2029 and 2029/2030 Delivery Years, finding that the price cap and floor will allow PJM to signal the need for additional resources while protecting customers from higher prices.
FERC Orders American Efficient to Pay $1.1 Billion for Alleged Capacity Market Fraud
By Alex Spratley & Jill Drum on
Posted in FERC Enforcement
On April 16, 2026, FERC issued a civil penalty assessment order, directing American Efficient and affiliated companies (together, American Efficient or Company) to pay $1.1 billion in disgorgement and civil penalties for what FERC called “one of the largest and most brazen frauds in the history of the [] Commission.”…
FERC Approves Tariff Revisions for ISO-NE Prompt Capacity Market
By Alex Spratley & Jackie Triggs on
Posted in FERC Practice
On March 30, 2026, FERC accepted to ISO New England Inc.’s (ISO-NE) Transmission, Markets and Services Tariff (Tariff) that primarily replaces the existing Forward Capacity Market (FCM) with a prompt capacity market in which an Annual Capacity Auction (ACA) would be held approximately one month before the applicable period for…
FERC Approves SPP’s Consolidated Planning Process
By Alex Spratley & Antonia Douglas on
On March 19, 2026, FERC approved Southwest Power Pool, Inc.’s (SPP) proposal to establish a Consolidated Planning Process (CPP) framework to streamline its regional transmission planning and generator interconnection process. FERC determined that SPP’s CPP framework complies with the regional transmission planning and cost allocation requirements of Order Nos. 890 and 1000, as well as the generator interconnection rules of Order Nos. 2003 and 2023. FERC accepted SPP’s proposed tariff revisions to implement CPP effective March 1, 2026, and directed SPP to submit a compliance filing making certain limited changes to the tariff revisions.
FERC Dismisses BGE Complaint Against Transco Challenging Negotiated Rate Below Recourse Rate
By Alex Spratley & Jill Drum on
Posted in FERC Practice, Natural Gas
On February 19, 2026, FERC dismissed a complaint filed by Baltimore Gas and Electric Company (BGE) against Transcontinental Gas Pipe Line Company, LLC (Transco) asserting that BGE had a contractual right to challenge its negotiated rate with Transco pursuant to section 5 of the Natural Gas Act (NGA). FERC held that BGE contractually waived its NGA section 5 rights with respect to its negotiated rate, and BGE therefore was required to pay the negotiated rate.
FERC Issues CPCN for Transco Southeast Supply Enhancement Project
By Alex Spratley & Jackie Triggs on
Posted in FERC Practice, Natural Gas
On January 29, 2025, FERC issued a certificate of public convenience and necessity (CPCN) to Transcontinental Gas Pipe Line Company, LLC (Transco) to construct and operate its Southeast Supply Enhancement Project (Project).
The Project expands Transco’s existing natural gas transmission system in Virginia and North Carolina and will add approximately…
D.C. Circuit Declines to Reconsider its Prior Order Restoring an Emergency Affirmative Defense for Emissions Violations Under the Clean Air Act
By Alex Spratley & Jackie Triggs on
Posted in Environmental Law
On January 2, 2026, the D.C. Circuit declined to rehear en banc its prior order restoring the Clean Air Act’s (CAA) Title V affirmative defense to liability for excess emissions caused by emergency events. A group of environmental organizations had petitioned for rehearing en banc, arguing that the court’s reasoning violated D.C. Circuit precedent.